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If there is no child custody order in place, relocation is defined as moving the child more than 75 miles from the other parent's residence or out of state. Only a parent who has sole custody, primary physical custody or equal physical custody can seek relocation with the children.
Joint Custody: Equal Authority, Unequal Time Joint custody is similar to shared custody in that both parents have equal legal authority regarding major decisions in the children's lives. However, unlike shared custody, both parents do not have equal physical custody, or time with the children.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
A written petition has to be filed in the court that does juvenile cases where the parents or you live. At least one of the parents has to sign the petition. You will sign an affidavit attached to the petition saying you are willing to take custody of the child.