Can an individual with full physical custody and joint legal custody move to another state with the child because of a job opportunity, if the opposing party does not want the child to move?

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Can an individual with full physical custody and joint legal custody move to another state with the child because of a job opportunity, if the opposing party does not want the child to move?

Asked on January 24, 2013 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. Unless there is a court order in place precluding a move with the minor child under the fact pattern of your matter, the parent with full physical custody ordinarily can move with the child over the objection of the other parent. However, before the move happens, it is wise for the custodial parent to file a petition with the court seeking an order allowing a move with the minor child.


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