When you are involved in a child custody arrangement, you have a legal obligation to stick to the terms of the agreement. This means that you cannot pack your bags and move to a new state with your child, even if you have custody of your child. Instead, if you need to relocate, you will need to submit a request with the local family law court.
When you have a hearing scheduled with the family law judge, you will need to present your reasons as to why you want to relocate with your child to a different state. The most commonly accepted reasons include being promoted, acquiring a new job and moving to care for a terminally ill loved one. Simply wanting to move to get away from the other parent or because you are getting married again might not suffice.
The judge will look at the relationship both parents have with the child before making a decision about relocation. So, if the non-custodial parent has not been holding up their end of the agreement, your request might be approved quite easily.
The other parent has the right to contest your request for relocation in court. They will need to provide reasons to the judge as to why you should not be allowed to move. They can also provide explanations as to how you moving with the child could cause hardships for them with visitation.
Applying for parental relocation does not come with automatic approval. As you can see, you will need to present your case to the judge. The judge will then approve or deny your request based on the information presented by you and the other parent.