My husband has a daughter. My husband is a very active part of his daughters life. We have her every weekend, most holidays, and all summer. When it's time to pick up the child we pay all the expenses to make sure she is with us, meaning we go all the way to the mothers house to pick her up and bring her back. My husband and the mother both have shared physical and legal custody. The mother informed my husband that she is considering moving out of state which we currently live in VA. The mother is considering moving about a good 4 to 5 hour drive one way from where we live now. Right now we only live about 30 minutes apart. Does she have to have is permission to move out of state with his daughter or can she just do it on her own. If she does have to have his permission what is the best way to keep her from moving?

Since your husband shares physical and legal custody of his daughter with the mother, then she would need the court's approval to relocate. She'd have to convince the court that such a move would be in hers and the child's best interests. Since your husband is aware that she is considering this move, he should file a motion for a modification of the current custody order, citing the impending move as grounds. That'll get the ball rolling, so to speak and then he can ask the judge to block the move.

From the sound of it you have a set visitation (every other weekend, etc.). I assume its ordered by the courts.

Therefore any action that would affect that visitation schedule, would need to get court approval. A move of 4-5 hours away would certainly qualify.

I would have your husband tell the mother, politely, that he will not allow such a move since it would affect his time with his daughter. Tell here that he will fight her in court if she tries to move. Finally, tell her that she will be free to move to move, if he gives him primary physical custody and agrees to a reasonable visitation shcedule based on where she will move to.