Father needs to have notice of the proposed move and a chance to either agree or object. If the court orders that Mother be allowed to move out of state with the child, she can move without Father's agreement. The question for the court is not whether Father is unfit, but whether it's in the child's best interests to move out of state with Mother. It would probably be best for everyone involved if the parents made this decision without involving the court.
This information is provided for educational purposes only and is not intended as legal advice. This information does not create an attorney-client relationship.
A custody order is still necessary to separate the child from the father. The court may grant permission to move the child out of state without a finding that father is unfit. The best course is always to try and negotiate an arrangement that works for the child and both parents.
Sign up to receive a 5-part series of useful information and advice about child custody law.