What happens when a parent with custody of a child wants to move to another state and take the child with them to the new home? Unless there is some specific agreement between the parties governing such a situation, the law states that a child can only be removed by a custodial parent when such removal would be in the child's best interests. Basically, it's the responsibility of the parent seeking the removal to show that the move is in the child's best interests. Factors that courts consider in determining whether removal is the right thing to do include the likelihood that the move will enhance the quality of life for the child and the custodial parent, the motives of the custodial parent in seeking the removal, the motives of the non-custodial parent in resisting the removal, the importance of the child's relationship with the non-custodial parent and other family members, and whether a realistic and reasonable visitation schedule can be worked out if the removal was allowed.