Can I move out of state with my child if I have sole custody?
The laws of New Mexico state that if you are a parent with sole custody of your child, you may not move out of state with the child without the consent of the other parent. Even if you have been awarded full legal and physical custody of the child, the court must approve any relocation before it is allowed to take place. The court will take into consideration many factors when evaluating any proposed relocation. The court will look to see if there are any new caring and responsible relationships that the child will benefit from, such as extended family or friends. The court will also consider the necessity of the move and the impact it will have on the child’s quality of life. The court will look at the financial stability of the parent seeking to move and if the parent can provide a safe, healthy, and supportive environment for the child in the new state. In New Mexico, the court takes into consideration the best interests of the child and the parent when making a determination. It is important to remember that the state must approve the move before it can take place, and that it must be in the best interests of the child.
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