Can I move out of state with my child if I have sole custody?

In the state of Delaware, if a parent has sole custody of a child, they can move out of state with the child as long as they have permission from the other parent or a court order. When either parent wishes to move with a child outside of the state of Delaware, they must file a petition to modify custody with the court in which their case was originally heard. When the petition is filed, a court hearing is scheduled. The court will then consider several factors in determining whether the parent may move the child out of state. The court will look at the child’s relationship with each parent and how the move might affect the relationship, the child’s educational and social needs, and how the move will benefit the child. If the court finds that the move is in the child’s best interests, it can give the custodial parent permission to move the child out of state. The other parent may object to the move and will be given an opportunity to present their argument against the move. The court will then decide if the move is in the best interests of the child. If the court grants the custodial parent permission to move, they will modify the custody order to accommodate the move. It is important to note that the process of obtaining permission to move out of state with a child is complex and can be difficult. It is highly recommended for a parent who is considering relocating out of state to seek the advice of an experienced family law attorney.

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