Can a custodial parent move away with the child?

Yes, a custodial parent may move away with the child if the court grants permission. In New Mexico, the courts generally determine what is in the best interest of the child when deciding matters of child custody. When one parent wishes to relocate with the child, the court considers several factors, including the reasons for the move, the effects the move will have on the child’s relationship with the other parent, and whether the move is in the child’s best interest. The court must also consider the impact of the relocation on the custodial parent, and the reasons why they are moving. If the custodial parent wishes to move away with the child, then they must demonstrate to the court why the move is necessary and why it is in the child’s best interests - this is known as a burden of proof. After considering all of the factors, the court will either approve or deny the relocation request. If the custodial parent is granted permission to move away with the child, the court will also consider any changes to the custody agreement that are necessary to ensure the child’s best interests are still being served. This could mean that the non-custodial parent is granted more visitation rights and/or extra time with the child. Ultimately, it is up to the court to decide whether or not to allow the relocation, and what modifications to the custody agreement are necessary.

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Can a custodial parent move away with the child?

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