There is no automatic preference in favor of either parent, and both “legal custody” (who has the right and responsibility to make parenting decisions) and “physical custody” (in whose custody the child will physically be placed) must be specified in every divorce involving minor children. The goal of is to develop Parenting Plan specifying legal custody, physical custody, and visitation issues. Alternatively, or even after one or both of the above steps, the Court could order an evidentiary hearing on the issue of child custody and visitation. Once custody has been established, parent seeking to move out of State with the child must seek the consent of the other parent.
https://www.willicklawgroup.com/child-custody/
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