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I have joint custody of my daughter with myself as the primary and a geographical restriction. The dad has not had any visitation for 8 months due to him choosing not to pick up the child, can I remove the geographical restriction and move closer to my family? I know there is a court process, however is missing 8 months of visitation, not attending any school functions or events for our teenager daughter enough to remove the restriction?
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Whether your judge will lift or change the geographic restriction (GR) swings on convincing the judge that such a change is in the "best interests" of the child. This is a fact specific test. That is, the more facts you have that such a change is in your daughter's best interest, the more likely the judge will lift the restriction. In addition, the purpose of the GR is so the dad can have regular and meaningful contact. If he is not exercising that right, the purpose behind the GR is no longer valid.
Answered on Apr 18th, 2023 at 8:54 AM