Question asked on Jul 10th, 2015

Q: Child has been living with mother 95% of the time since birth, almost 3 years now. Father chose to move out of state for his job.

 A: At least theoretically, there is no preference either regarding gender, or as to who is in which state when the child care decision is to be made.  See  Whether one parent has been the primary custodian has a greater influence with some judges as to “continuity of care”; others see divorce as such a major event that they start with a blank slate as to custody.  As a practical matter, shared custody across state lines is impractical for most parents, requiring a choice of primary placement, so (not knowing any other facts, and LOT of facts could be relevant) the traditional custodian would normally be expected to stay in that role.  For greater specifics, you should consult a family law specialist.

Marshal S. Willick