The most important factor is the type of custody arrangement, says Nadine Roddy, senior research attorney at the Charlottesville, Va.-based National Legal Research Group . If it was a traditional arrangement and one parent has sole custody and the other has visitation rights, it's much easier for the custodial parent to relocate out of state than if there's joint custody, where parents share physical custody. But joint custody is becoming the norm.
Dads are more involved.
In the '80s and '90s joint custody has really caught on. State laws vary The next factor is whether the state has a statute that specifically addresses relocation. Roddy says Nevada bars the custodial parent from permanently removing the child from the state without court permission. On the other hand, some states say the custodial parent has the absolute right to move and the burden is on the other parent to file a restraining order. It's a battle that's being fought in family courts across the country.