As stated elsewhere, where the parties have Joint Physical Custody (both parties have substantial amounts of parenting time), the Court must consider a move away request de novo and with both parents being on a level playing field. This is in stark contrast to one party being the primary custodial parent who would then have the presumptive right to relocate with the child. However, if the designated non-custodial parent is utilizing substantial periods of custodial time despite the Court order carving out less time for him or her, that parent would be entitled to a De Novo hearing based on their de facto Joint Custodial time.
