Removal (of a minor child)

The legal proceeding, usually brought by complaint or petition,by the custodial parent to remove (move) the minor child(ren) from the state.
The recent trend is to allow the custodial parent more flexibility in moving out of state when there are "real advantages" (known as the "real advantage" test) to the custodial parent. The theory is what’s good for the parent (usually the mother) is good for the child, i.e., in the child’s best interest. Fathers’ rights groups have lobbied against this trend. Not all states use the "real advantage" test. We have come full circle from Victorian times when children were the personal property of their fathers. Now children are the personal property of their mothers. Many courts are unlikely to allow removal if the child has a close relationship with the non-custodial parent. Consult your attorney.