Reference library

50 states · D.C. · 5 territories

Jurisdiction index

56 jurisdictions
Jurisdiction and topic reference. Each summary links to its complete entry.
JurisdictionBest interestsDivorce groundsParental relocation
AlabamaState
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Best interests →
Case law framework; factor structure: 12 considerations (unnumbered). No numeric age. Devine considers a child's preference when the child has sufficient age and maturity. Section 30-3-152 separately adds joint-custody considerations.

Divorce grounds →
Complete incompatibility of temperament such that the parties can no longer live together, upon the court’s satisfaction from the testimony; or a court finding of irretrievable breakdown and that further reconciliation attempts are impractical or futile and not in the best interests of the parties or family (§30-2-1(a)(7), (9)). Section 30-2-2 also permits divorce after a final bed-and-board or separate-maintenance judgment has been in force more than two years.

Parental relocation →
The statute calls the starting point a presumption against the move. Terry applies a shifting burden. The presumption has domestic-violence, initial-custody, and distance exceptions.

Best interestsCase law framework; factor structure: 12 considerations (unnumbered). No numeric age. Devine considers a child's preference when the child has sufficient age and…Divorce groundsComplete incompatibility of temperament such that the parties can no longer live together, upon the court’s satisfaction from the testimony; or a court finding of…Parental relocationThe statute calls the starting point a presumption against the move. Terry applies a shifting burden. The presumption has domestic-violence, initial-custody, and…
AlaskaState
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Best interests →
Statutory framework; factor structure: 9.

Divorce grounds →
Incompatibility of temperament supports divorce. A distinct dissolution procedure uses incompatibility causing irremediable breakdown, with requirements that differ for joint and individual petitions.

Parental relocation →
General best-interest factors with a symmetrical comparison. The modification threshold is identified. No further relocation allocation identified. No general relocation-notice rule identified; order-specific duties may apply.

Best interestsStatutory framework; factor structure: 9.Divorce groundsIncompatibility of temperament supports divorce. A distinct dissolution procedure uses incompatibility causing irremediable breakdown, with requirements that differ for…Parental relocationGeneral best-interest factors with a symmetrical comparison. The modification threshold is identified. No further relocation allocation identified. No general…
ArizonaState
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Best interests →
Statutory framework; factor structure: 11.

Divorce grounds →
Ordinary marriage: irretrievable breakdown. A denial produces a hearing and possible reconciliation continuance, not a permanent consent veto. Covenant grounds are separately stated below.

Parental relocation →
Statutory relocation factors. On the moving parent. 45 days; exceptions apply.

Best interestsStatutory framework; factor structure: 11.Divorce groundsOrdinary marriage: irretrievable breakdown. A denial produces a hearing and possible reconciliation continuance, not a permanent consent veto. Covenant grounds are…Parental relocationStatutory relocation factors. On the moving parent. 45 days; exceptions apply.
ArkansasState
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Best interests →
No enumeration framework; factor structure: n/a. A change in the law alone is not a material change in circumstances for custody modification.

Divorce grounds →
18 continuous months living separate and apart without cohabitation, regardless of fault. Covenant marriages have a separate statutory list.

Parental relocation →
The presumption requires both a primary-custodian designation and significantly more parenting time. The designation alone is insufficient.

Best interestsNo enumeration framework; factor structure: n/a. A change in the law alone is not a material change in circumstances for custody modification.Divorce grounds18 continuous months living separate and apart without cohabitation, regardless of fault. Covenant marriages have a separate statutory list.Parental relocationThe presumption requires both a primary-custodian designation and significantly more parenting time. The designation alone is insufficient.
CaliforniaState
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Best interests →
Section 3011(a) has five numbered provisions, four substantive factors; § 3040.5 separately requires consideration of relevant, admissible human-trafficking evidence.

Divorce grounds →
(a) "Irreconcilable differences, which have caused the irremediable breakdown of the marriage"; (b) "Permanent legal incapacity to make decisions"

Parental relocation →
The favorable starting point concerns a qualifying custodial parent. Joint physical custody requires a different analysis. Domestic-violence rules can also change the analysis.

Best interestsSection 3011(a) has five numbered provisions, four substantive factors; § 3040.5 separately requires consideration of relevant, admissible human-trafficking evidence.Divorce grounds(a) "Irreconcilable differences, which have caused the irremediable breakdown of the marriage"; (b) "Permanent legal incapacity to make decisions"Parental relocationThe favorable starting point concerns a qualifying custodial parent. Joint physical custody requires a different analysis. Domestic-violence rules can also change the…
ColoradoState
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Best interests →
Statutory framework; nine parenting-time considerations and a separate evidence and findings rule, plus three decision-making considerations.

Divorce grounds →
Irretrievable breakdown. If a party denies breakdown under oath or affirmation, the court considers the relevant factors and either makes a breakdown finding or continues for further hearing 35 to 63 days later, or as soon afterward as the court calendar permits (§ 14-10-110(2)).

Parental relocation →
Statutory relocation factors. Neither parent favored. Notice required; no fixed day count.

Best interestsStatutory framework; nine parenting-time considerations and a separate evidence and findings rule, plus three decision-making considerations.Divorce groundsIrretrievable breakdown. If a party denies breakdown under oath or affirmation, the court considers the relevant factors and either makes a breakdown finding or…Parental relocationStatutory relocation factors. Neither parent favored. Notice required; no fixed day count.
ConnecticutState
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Best interests →
Statutory framework; factor structure: 17.

Divorce grounds →
(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliation

Parental relocation →
Postjudgment § 46b-56d places the burden on the moving parent and sets no advance relocation-notice period. In the listed pending proceedings involving a child, while Practice Book § 25-5 automatic orders are effective, a party vacating the family residence must give the other party or counsel a written communication address within 48 hours of the move, subject to a prior contradictory judicial order. The same order also bars permanent child removal from Connecticut without the other party's written consent or a judicial order.

Best interestsStatutory framework; factor structure: 17.Divorce grounds(1) "The marriage has broken down irretrievably"; (2) lived apart "by reason of incompatibility" 18 months with "no reasonable prospect" of reconciliationParental relocationPostjudgment § 46b-56d places the burden on the moving parent and sets no advance relocation-notice period. In the listed pending proceedings involving a child, while…
DelawareState
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Best interests →
Statutory framework; factor structure: 8.

Divorce grounds →
Irretrievable breakdown with reconciliation improbable is the statutory basis. Section 1505 identifies voluntary separation, respondent misconduct, mental illness and incompatibility as characterizations of breakdown.

Parental relocation →
Statutory relocation factors. No allocation found. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 8.Divorce groundsIrretrievable breakdown with reconciliation improbable is the statutory basis. Section 1505 identifies voluntary separation, respondent misconduct, mental illness and…Parental relocationStatutory relocation factors. No allocation found. No separate relocation notice rule found; consent or court permission may still be required.
District of ColumbiaD.C.
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Best interests →
Statutory framework; factor structure: 17.

Divorce grounds →
An assertion by one or both parties that they no longer wish to remain married. The statute eliminates a marital-breakdown or separation showing, but jurisdiction and procedural requirements still apply.

Parental relocation →
Best interest is primary. Courts also weigh additional relocation factors from Estopina when a custody petition includes a relocation request. A party seeking to modify custody carries the burden. No general relocation-notice period identified. Individual custody orders can impose notice.

Best interestsStatutory framework; factor structure: 17.Divorce groundsAn assertion by one or both parties that they no longer wish to remain married. The statute eliminates a marital-breakdown or separation showing, but jurisdiction and…Parental relocationBest interest is primary. Courts also weigh additional relocation factors from Estopina when a custody petition includes a relocation request. A party seeking to modify…
FloridaState
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Best interests →
Statutory framework; factor structure: 20.

Divorce grounds →
(a) "The marriage is irretrievably broken"; (b) mental incapacity adjudged for at least 3 years

Parental relocation →
The mover must first prove best interests. The burden then shifts to the objector. Harman holds that an evenly balanced record at the second step defeats the objection.

Best interestsStatutory framework; factor structure: 20.Divorce grounds(a) "The marriage is irretrievably broken"; (b) mental incapacity adjudged for at least 3 yearsParental relocationThe mover must first prove best interests. The burden then shifts to the objector. Harman holds that an evenly balanced record at the second step defeats the objection.
GeorgiaState
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Best interests →
Statutory framework; factor structure: 17.

Divorce grounds →
(13) "The marriage is irretrievably broken"

Parental relocation →
General best-interest factors. Ordinary modification. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 17.Divorce grounds(13) "The marriage is irretrievably broken"Parental relocationGeneral best-interest factors. Ordinary modification. 30 days; exceptions apply.
HawaiiState
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Best interests →
Statutory framework; factor structure: 16. Factors (5) and (11) in § 571-46(b) are not considered when the court determines that a parent committed family violence. Section 571-46(a)(9) separately creates a rebuttable presumption against sole custody, joint legal custody or joint physical custody with the perpetrator.

Divorce grounds →
Four grounds: irretrievable breakdown, expiration of a qualifying bed-and-board separation decree, at least two years apart under a separate-maintenance decree, or two years apart with no reasonable likelihood of resumed cohabitation and the additional statutory findings.

Parental relocation →
Fisher declines a requested primary-caretaker preference and gives no single factor presumptive paramount weight. No modern decision allocates a general relocation burden; Gillespie’s 1953 burden statement was narrowed by Estrella in 1959, and later-treatment review is limited. Electronic visitation cannot justify relocation.

Best interestsStatutory framework; factor structure: 16. Factors (5) and (11) in § 571-46(b) are not considered when the court determines that a parent committed family violence.…Divorce groundsFour grounds: irretrievable breakdown, expiration of a qualifying bed-and-board separation decree, at least two years apart under a separate-maintenance decree, or two…Parental relocationFisher declines a requested primary-caretaker preference and gives no single factor presumptive paramount weight. No modern decision allocates a general relocation…
IdahoState
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Best interests →
Statutory framework; factor structure: 7.

Divorce grounds →
"Irreconcilable differences"

Parental relocation →
Court-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 7.Divorce grounds"Irreconcilable differences"Parental relocationCourt-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.
IllinoisState
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Best interests →
Statutory framework; factor structure: 17 + 15.

Divorce grounds →
Irreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best interests.

Parental relocation →
Statutory relocation factors. On the moving parent. 60 days; exceptions apply.

Best interestsStatutory framework; factor structure: 17 + 15.Divorce groundsIrreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best…Parental relocationStatutory relocation factors. On the moving parent. 60 days; exceptions apply.
IndianaState
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Best interests →
Statutory framework; factor structure: 9.

Divorce grounds →
"Irretrievable breakdown of the marriage"

Parental relocation →
Statutory relocation factors. Shifting burden. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 9.Divorce grounds"Irretrievable breakdown of the marriage"Parental relocationStatutory relocation factors. Shifting burden. 30 days; exceptions apply.
IowaState
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Best interests →
Statutory framework; factor structure: 11, (3)(a)–(k). Subsection 3 of § 598.41 does not apply when the parents agree to joint custody under subsection 4.

Divorce grounds →
"breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Parental relocation →
The 150-mile provision permits a material-change finding. It does not automatically establish one or decide the child’s best interests.

Best interestsStatutory framework; factor structure: 11, (3)(a)–(k). Subsection 3 of § 598.41 does not apply when the parents agree to joint custody under subsection 4.Divorce grounds"breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the…Parental relocationThe 150-mile provision permits a material-change finding. It does not automatically establish one or decide the child’s best interests.
KansasState
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Best interests →
Statutory framework; factor structure: 18.

Divorce grounds →
"Incompatibility"

Parental relocation →
Statutory relocation factors. Ordinary modification. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 18.Divorce grounds"Incompatibility"Parental relocationStatutory relocation factors. Ordinary modification. 30 days; exceptions apply.
KentuckyState
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Best interests →
Statutory framework; 12 lettered factors after prior consideration and findings on specified allegations.

Divorce grounds →
Irretrievable breakdown. The court must also find the spouses have lived apart for at least 60 days.

Parental relocation →
General best-interest factors; the relief sought determines the custody or timesharing modification standard. The statewide rule requires filing and service before the move and provides twenty-day motion windows; local rules and orders may add requirements.

Best interestsStatutory framework; 12 lettered factors after prior consideration and findings on specified allegations.Divorce groundsIrretrievable breakdown. The court must also find the spouses have lived apart for at least 60 days.Parental relocationGeneral best-interest factors; the relief sought determines the custody or timesharing modification standard. The statewide rule requires filing and service before the…
LouisianaState
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Best interests →
Statutory framework; factor structure: 14.

Divorce grounds →
Ordinary marriage: continuous separation for 180 days without minor children or 365 days with minor children. Article 103(1) uses separation completed before the petition. Article 102 uses a post-service or written-waiver procedure.

Parental relocation →
Statutory relocation factors. On the moving parent. 60 days; exceptions apply.

Best interestsStatutory framework; factor structure: 14.Divorce groundsOrdinary marriage: continuous separation for 180 days without minor children or 365 days with minor children. Article 103(1) uses separation completed before the…Parental relocationStatutory relocation factors. On the moving parent. 60 days; exceptions apply.
MaineState
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Best interests →
Statutory framework; factor structure: 19. Separately, § 1653(6-B) provides a rebuttable presumption concerning jeopardy and contact when the court finds specified child-related sexual-offense convictions or an adjudication of sexual abuse. The conditions and an age exception appear in the statute.

Divorce grounds →
"Irreconcilable marital differences"

Parental relocation →
General best-interest factors. Ordinary modification. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 19. Separately, § 1653(6-B) provides a rebuttable presumption concerning jeopardy and contact when the court finds specified…Divorce grounds"Irreconcilable marital differences"Parental relocationGeneral best-interest factors. Ordinary modification. 30 days; exceptions apply.
MarylandState
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Best interests →
Statutory framework; factor structure: 16. Maryland Rule 9-204.2(d), as amended effective July 1, 2026, requires the court reviewing the parties' joint statement to address the § 9-201(a) factors and articulate findings under § 9-201(b).

Divorce grounds →
"6-month separation," "irreconcilable differences," "mutual consent"

Parental relocation →
Equal footing applies after the party seeking modification establishes a material change. Ninety-day notice exists only if the court orders it.

Best interestsStatutory framework; factor structure: 16. Maryland Rule 9-204.2(d), as amended effective July 1, 2026, requires the court reviewing the parties' joint statement to…Divorce grounds"6-month separation," "irreconcilable differences," "mutual consent"Parental relocationEqual footing applies after the party seeking modification establishes a material change. Ninety-day notice exists only if the court orders it.
MassachusettsState
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Best interests →
Statutory custody standards with specified mandatory considerations, rather than one comprehensive numbered factor list. Section 56 limits reliance on certain out-of-state laws and findings concerning gender-affirming health care, subject to its Massachusetts-law exception. It also requires consideration of likely disruption or cessation of care in the stated circumstances when a court alters custody, parenting time or visitation. It is not a general enumerated custody factor.

Divorce grounds →
"irretrievable breakdown of the marriage" (§§ 1A, 1B)

Parental relocation →
Court-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory custody standards with specified mandatory considerations, rather than one comprehensive numbered factor list. Section 56 limits reliance on certain…Divorce grounds"irretrievable breakdown of the marriage" (§§ 1A, 1B)Parental relocationCourt-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.
MichiganState
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Best interests →
Statutory framework; factor structure: 12.

Divorce grounds →
"breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved"

Parental relocation →
Applicable statutory relocation factors and custodial-environment analysis. Sole legal custody exempts the parent from the 100-mile factors; Sulaica requires the further environment inquiry where physical custody is shared. Out-of-state court approval and prompt address reporting are separate requirements.

Best interestsStatutory framework; factor structure: 12.Divorce grounds"breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can…Parental relocationApplicable statutory relocation factors and custodial-environment analysis. Sole legal custody exempts the parent from the 100-mile factors; Sulaica requires the further…
MinnesotaState
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Best interests →
Statutory framework; factor structure: 12.

Divorce grounds →
"irretrievable breakdown of the marriage relationship"

Parental relocation →
The mover ordinarily bears the burden. A finding that the mover was the other parent’s domestic-abuse victim shifts the burden to the objector.

Best interestsStatutory framework; factor structure: 12.Divorce grounds"irretrievable breakdown of the marriage relationship"Parental relocationThe mover ordinarily bears the burden. A finding that the mover was the other parent’s domestic-abuse victim shifts the burden to the objector.
MississippiState
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Best interests →
Case-law framework; ten editorial groupings of Albright’s unnumbered considerations, including a catch-all.

Divorce grounds →
Irreconcilable differences under § 93-5-2 requires agreement resolving the specified issues or written consent submitting disputed issues for decision. A contest or denial blocks this ground unless withdrawn in the manner the statute permits.

Parental relocation →
General best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsCase-law framework; ten editorial groupings of Albright’s unnumbered considerations, including a catch-all.Divorce groundsIrreconcilable differences under § 93-5-2 requires agreement resolving the specified issues or written consent submitting disputed issues for decision. A contest or…Parental relocationGeneral best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.
MissouriState
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Best interests →
Statutory framework; factor structure: 8.

Divorce grounds →
Irretrievable breakdown. If denied under oath, § 452.320 requires one of five specified facts: intolerable adultery, unreasonable-to-live-with behavior, six-month abandonment, 12 months apart by mutual consent, or 24 months apart.

Parental relocation →
For child relocation, the mover proves good faith and best interests; ordinarily notice is sixty days and a parent’s motion window is thirty days after receipt. Whether a temporary parent-only move requires notice remains unresolved; the cases read construe child moves and the temporary-absence exclusion. Abraham (S.D. 2011) requires strict compliance with the notice requirement and declares conflict with the 'absolute right' reading in Baxley.

Best interestsStatutory framework; factor structure: 8.Divorce groundsIrretrievable breakdown. If denied under oath, § 452.320 requires one of five specified facts: intolerable adultery, unreasonable-to-live-with behavior, six-month…Parental relocationFor child relocation, the mover proves good faith and best interests; ordinarily notice is sixty days and a parent’s motion window is thirty days after receipt. Whether…
MontanaState
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Best interests →
Statutory framework; factor structure: 13.

Divorce grounds →
Irretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary determination or a 30- to 60-day continuance.

Parental relocation →
Statutory relocation factors. On the moving parent. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 13.Divorce groundsIrretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary…Parental relocationStatutory relocation factors. On the moving parent. 30 days; exceptions apply.
NebraskaState
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Best interests →
Hybrid framework; factor structure: 6 + 5 mandates. The burden and special written findings in § 43-2932 depend on the specified factual findings. Section 43-2932 is not an unqualified presumption against every parent.

Divorce grounds →
"the marriage is irretrievably broken," § 42-361

Parental relocation →
Farnsworth’s out-of-state removal framework is case-law based; a complaint-to-modify statute and parenting-plan address notice also apply. No general relocation advance period identified.

Best interestsHybrid framework; factor structure: 6 + 5 mandates. The burden and special written findings in § 43-2932 depend on the specified factual findings. Section 43-2932 is not…Divorce grounds"the marriage is irretrievably broken," § 42-361Parental relocationFarnsworth’s out-of-state removal framework is case-law based; a complaint-to-modify statute and parenting-plan address notice also apply. No general relocation advance…
NevadaState
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Best interests →
Statutory framework; factor structure: 12.

Divorce grounds →
"Incompatibility," § 125.010(3). Also one year separate and apart without cohabitation, § 125.010(2)

Parental relocation →
Statutory relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 12.Divorce grounds"Incompatibility," § 125.010(3). Also one year separate and apart without cohabitation, § 125.010(2)Parental relocationStatutory relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.
New HampshireState
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Best interests →
Statutory framework; factor structure: 13. RSA 461-A:6, I-b, effective September 13, 2026, limits consideration as an adverse factor of a parent's raising a child consistent with the child's biological sex, including the examples in the statute. It does not limit consideration of other legally relevant best-interest factors.

Divorce grounds →
"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-a

Parental relocation →
Statute, no factor list. Shifting burden. 60 days; exceptions apply.

Best interestsStatutory framework; factor structure: 13. RSA 461-A:6, I-b, effective September 13, 2026, limits consideration as an adverse factor of a parent's raising a child…Divorce grounds"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-aParental relocationStatute, no factor list. Shifting burden. 60 days; exceptions apply.
New JerseyState
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Best interests →
Statutory framework; 15 semicolon-delimited considerations.

Divorce grounds →
Irreconcilable differences causing breakdown for at least six months, with no reasonable prospect of reconciliation. Alternatively, 18 consecutive months apart in different habitations with no reasonable prospect of reconciliation.

Parental relocation →
Bisbing applies best interests to parents sharing legal custody. The survey found no published post-Bisbing decision resolving sole legal custody.

Best interestsStatutory framework; 15 semicolon-delimited considerations.Divorce groundsIrreconcilable differences causing breakdown for at least six months, with no reasonable prospect of reconciliation. Alternatively, 18 consecutive months apart in…Parental relocationBisbing applies best interests to parents sharing legal custody. The survey found no published post-Bisbing decision resolving sole legal custody.
New MexicoState
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Best interests →
Statutory framework; factor structure: 5 + 9. Sections 40-4-9(A) and 40-4-9.1(B) address different inquiries. The nine joint-custody factors are not necessarily required to modify an existing joint-custody arrangement. See Davis v. Voss, No. A-1-CA-43097, ¶ 13 (N.M. Ct. App. 2026) (non-precedential).

Divorce grounds →
Incompatibility, defined as discord or conflict of personalities destroying the legitimate ends of the marriage relationship and preventing any reasonable expectation of reconciliation.

Parental relocation →
Equal footing concerns joint custodians. Jaramillo reserved whether the older sole-custodian presumption survives.

Best interestsStatutory framework; factor structure: 5 + 9. Sections 40-4-9(A) and 40-4-9.1(B) address different inquiries. The nine joint-custody factors are not necessarily required…Divorce groundsIncompatibility, defined as discord or conflict of personalities destroying the legitimate ends of the marriage relationship and preventing any reasonable expectation of…Parental relocationEqual footing concerns joint custodians. Jaramillo reserved whether the older sole-custodian presumption survives.
New YorkState
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Best interests →
Case law framework; factor structure: n/a.

Divorce grounds →
Irretrievable breakdown for at least six months, asserted under oath by one spouse, with § 170(7) ancillary issues resolved before judgment. Conversion routes now require six months living apart after a qualifying decree or agreement, with the specified compliance and filing requirements.

Parental relocation →
Court-made relocation factors; moving parent bears the best-interest burden. No general advance-notice period identified; order-specific restrictions may apply.

Best interestsCase law framework; factor structure: n/a.Divorce groundsIrretrievable breakdown for at least six months, asserted under oath by one spouse, with § 170(7) ancillary issues resolved before judgment. Conversion routes now…Parental relocationCourt-made relocation factors; moving parent bears the best-interest burden. No general advance-notice period identified; order-specific restrictions may apply.
North CarolinaState
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Best interests →
No numbered general factor list. Section 50-13.2(a) requires all relevant factors, including domestic violence and child and party safety.

Divorce grounds →
One year living separate and apart under § 50-6. Section 50-5.1 provides a separate three-year separation route involving incurable mental illness and required medical proof.

Parental relocation →
Neither parent is favored on best interests after the modification movant establishes the required substantial change.

Best interestsNo numbered general factor list. Section 50-13.2(a) requires all relevant factors, including domestic violence and child and party safety.Divorce groundsOne year living separate and apart under § 50-6. Section 50-5.1 provides a separate three-year separation route involving incurable mental illness and required medical…Parental relocationNeither parent is favored on best interests after the modification movant establishes the required substantial change.
North DakotaState
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Best interests →
Statutory framework; factor structure: 13.

Divorce grounds →
§ 14-05-03(7) "Irreconcilable differences," defined § 14-05-09.1 as "substantial reasons for not continuing the marriage"

Parental relocation →
Court-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 13.Divorce grounds§ 14-05-03(7) "Irreconcilable differences," defined § 14-05-09.1 as "substantial reasons for not continuing the marriage"Parental relocationCourt-made relocation factors. On the moving parent. No separate relocation notice rule found; consent or court permission may still be required.
OhioState
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Best interests →
Statutory framework; factor structure: 10 + 5.

Divorce grounds →
§ 3105.01(K) "Incompatibility, unless denied by either party", § 3105.01(J) living apart one year

Parental relocation →
General best-interest factors. Ordinary modification. Notice required; no fixed day count.

Best interestsStatutory framework; factor structure: 10 + 5.Divorce grounds§ 3105.01(K) "Incompatibility, unless denied by either party", § 3105.01(J) living apart one yearParental relocationGeneral best-interest factors. Ordinary modification. Notice required; no fixed day count.
OklahomaState
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Best interests →
No enumeration framework; factor structure: n/a. Separately, § 110.1 states that the court may provide substantially equal access on a parent's request unless it finds shared parenting detrimental to the child. Duggan v. Duggan describes § 110.1 as an equal-access presumption in a joint-custody modification case.

Divorce grounds →
§ 101, Seventh: "Incompatibility"

Parental relocation →
Statutory relocation factors. Shifting burden. 60 days; exceptions apply.

Best interestsNo enumeration framework; factor structure: n/a. Separately, § 110.1 states that the court may provide substantially equal access on a parent's request unless it finds…Divorce grounds§ 101, Seventh: "Incompatibility"Parental relocationStatutory relocation factors. Shifting burden. 60 days; exceptions apply.
OregonState
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Best interests →
Statutory framework; factor structure: 6.

Divorce grounds →
Irreconcilable differences causing irremediable breakdown under § 107.025. The additional § 107.015 eligibility conditions must also be included in an inventory of grounds for dissolution.

Parental relocation →
No general relocation burden allocation identified. Cooksey’s attributed result remains that the moving parent offered no evidence of benefit to the child; ordinary custody-modification requirements are separate.

Best interestsStatutory framework; factor structure: 6.Divorce groundsIrreconcilable differences causing irremediable breakdown under § 107.025. The additional § 107.015 eligibility conditions must also be included in an inventory of…Parental relocationNo general relocation burden allocation identified. Cooksey’s attributed result remains that the moving parent offered no evidence of benefit to the child; ordinary…
PennsylvaniaState
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Best interests →
Statutory framework; factor structure: 14.

Divorce grounds →
Irretrievable breakdown with mutual-consent affidavits after 90 days under § 3301(c), including its presumed-consent provision for specified criminal convictions. Alternatively, breakdown and one year apart under § 3301(d).

Parental relocation →
Statutory relocation factors. On the moving parent. 60 days; exceptions apply.

Best interestsStatutory framework; factor structure: 14.Divorce groundsIrretrievable breakdown with mutual-consent affidavits after 90 days under § 3301(c), including its presumed-consent provision for specified criminal convictions.…Parental relocationStatutory relocation factors. On the moving parent. 60 days; exceptions apply.
Rhode IslandState
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Best interests →
Case law framework; factor structure: 8. Parker describes the eight factors as nonexclusive, and Pettinato requires considering the combination and interaction of all relevant factors.

Divorce grounds →
§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"

Parental relocation →
Court-made relocation factors. Initial custody: equal burdens; post-judgment allocation unresolved in the cited cases. No general advance notice period identified; conditional 48-hour address notice and permanent-removal restrictions apply.

Best interestsCase law framework; factor structure: 8. Parker describes the eight factors as nonexclusive, and Pettinato requires considering the combination and interaction of all…Divorce grounds§ 15-5-3.1(a): "irreconcilable differences which have caused the irremediable breakdown of the marriage," decreed "irrespective of the fault of either party"Parental relocationCourt-made relocation factors. Initial custody: equal burdens; post-judgment allocation unresolved in the cited cases. No general advance notice period identified…
South CarolinaState
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Best interests →
Statutory framework; factor structure: 17.

Divorce grounds →
§ 20-3-10(5): "lived separate and apart without cohabitation for a period of one year"

Parental relocation →
General best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 17.Divorce grounds§ 20-3-10(5): "lived separate and apart without cohabitation for a period of one year"Parental relocationGeneral best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.
South DakotaState
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Best interests →
Case law + guideline framework; factor structure: 7 categories.

Divorce grounds →
Irreconcilable differences requires both parties’ consent unless one party has not made a general appearance under § 25-4-17.2. It is not an unrestricted contested unilateral route.

Parental relocation →
Parent-residence notice ordinarily requires forty-five days, subject to the existing-order/agreement condition and statutory exceptions. No general relocation burden allocation identified; § 25-4A-19 states the objection/hearing and best-interest directions.

Best interestsCase law + guideline framework; factor structure: 7 categories.Divorce groundsIrreconcilable differences requires both parties’ consent unless one party has not made a general appearance under § 25-4-17.2. It is not an unrestricted contested…Parental relocationParent-residence notice ordinarily requires forty-five days, subject to the existing-order/agreement condition and statutory exceptions. No general relocation burden…
TennesseeState
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Best interests →
Statutory framework; 18 numbered subdivisions including catch-all for actions within 2025 Chapter 265.

Divorce grounds →
Irreconcilable differences under § 36-4-103 requires adequate provision by written agreement for the specified child and property issues. Section 36-4-101(a)(15) separately allows two years apart in separate residences if there are no minor children. Section 36-4-102(b) also permits conversion after more than two years under legal separation, without reconciliation.

Parental relocation →
Statutory relocation factors. No general post-2018 burden allocation identified. Notice is ordinarily 60 days; the petition and response procedure remains separate.

Best interestsStatutory framework; 18 numbered subdivisions including catch-all for actions within 2025 Chapter 265.Divorce groundsIrreconcilable differences under § 36-4-103 requires adequate provision by written agreement for the specified child and property issues. Section 36-4-101(a)(15)…Parental relocationStatutory relocation factors. No general post-2018 burden allocation identified. Notice is ordinarily 60 days; the petition and response procedure remains separate.
TexasState
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Best interests →
Case law framework; factor structure: 9 (Holley); 7 (§ 153.134(a)).

Divorce grounds →
"Insupportability," § 6.001; living apart three years, § 6.006

Parental relocation →
Where imposed, the conservatorship order’s geographic restriction controls where the child may reside; § 153.134(b) also permits an order without a geographic restriction. Section 105.006 information-update notice is a separate duty and supplies no consent or objection procedure.

Best interestsCase law framework; factor structure: 9 (Holley); 7 (§ 153.134(a)).Divorce grounds"Insupportability," § 6.001; living apart three years, § 6.006Parental relocationWhere imposed, the conservatorship order’s geographic restriction controls where the child may reside; § 153.134(b) also permits an order without a geographic…
UtahState
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Best interests →
Statutory framework; factor structure: 3 mandatory + 18 discretionary (including catch-all). Subsection (10) separately requires consideration of domestic violence evidence and primary consideration of safety and well-being. H.B. 303 § 4 added coercive control, with a special effective-date clause in its § 10.

Divorce grounds →
"Irreconcilable differences of the marriage," § 81-4-405(1)(h)

Parental relocation →
General best-interest factors; no general relocation burden allocation identified. Written notice at least 60 days before the intended relocation, with the statute’s safety and court-order qualifications.

Best interestsStatutory framework; factor structure: 3 mandatory + 18 discretionary (including catch-all). Subsection (10) separately requires consideration of domestic violence…Divorce grounds"Irreconcilable differences of the marriage," § 81-4-405(1)(h)Parental relocationGeneral best-interest factors; no general relocation burden allocation identified. Written notice at least 60 days before the intended relocation, with the statute’s…
VermontState
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Best interests →
Statutory framework; factor structure: 9.

Divorce grounds →
Lived apart "six consecutive months" and "resumption of marital relations is not reasonably probable," § 551(7)

Parental relocation →
General best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.

Best interestsStatutory framework; factor structure: 9.Divorce groundsLived apart "six consecutive months" and "resumption of marital relations is not reasonably probable," § 551(7)Parental relocationGeneral best-interest factors. Ordinary modification. No separate relocation notice rule found; consent or court permission may still be required.
VirginiaState
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Best interests →
Statutory framework; factor structure: 10. Under § 20-124.2(B), a person's legal possession or consumption of substances authorized under Title 4.1 or Chapter 34 of Title 54.1 alone is no basis to restrict custody or visitation, unless other facts establish that the possession or consumption is not in the child's best interest.

Divorce grounds →
Lived "separate and apart without any cohabitation and without interruption for one year," § 20-91(A)(9)(a)

Parental relocation →
General best-interest factors. On the moving parent. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 10. Under § 20-124.2(B), a person's legal possession or consumption of substances authorized under Title 4.1 or Chapter 34 of…Divorce groundsLived "separate and apart without any cohabitation and without interruption for one year," § 20-91(A)(9)(a)Parental relocationGeneral best-interest factors. On the moving parent. 30 days; exceptions apply.
WashingtonState
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Best interests →
Statutory framework; factor structure: 7.

Divorce grounds →
Marriage "is irretrievably broken"

Parental relocation →
Statutory relocation factors and a qualifying-move presumption; no presumption where each parent has at least 45 percent of residential time. Hauk, 7 Wn.3d 1 (2026), measures residential time at service of the relocation notice; the slip and revised texts are compared in Sources and limits.

Best interestsStatutory framework; factor structure: 7.Divorce groundsMarriage "is irretrievably broken"Parental relocationStatutory relocation factors and a qualifying-move presumption; no presumption where each parent has at least 45 percent of residential time. Hauk, 7 Wn.3d 1 (2026)…
West VirginiaState
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Best interests →
Presumption + rebuttal factors framework; factor structure: 8 objectives; 7 rebuttal categories.

Divorce grounds →
Irreconcilable differences admitted in an answer under §48-5-201. Alternatively, one year of uninterrupted separation in separate places of abode under §48-5-202, resulting from the voluntary act of one party or mutual consent.

Parental relocation →
Statute, no factor list. On the moving parent. 90 days; exceptions apply.

Best interestsPresumption + rebuttal factors framework; factor structure: 8 objectives; 7 rebuttal categories.Divorce groundsIrreconcilable differences admitted in an answer under §48-5-201. Alternatively, one year of uninterrupted separation in separate places of abode under §48-5-202…Parental relocationStatute, no factor list. On the moving parent. 90 days; exceptions apply.
WisconsinState
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Best interests →
Statutory framework; factor structure: 14.

Divorce grounds →
Irretrievable breakdown. After a hearing or qualifying affidavit under § 767.235(1)(b), the court must find breakdown if both parties state it under oath or affirmation, or if the parties voluntarily lived apart continuously for at least 12 months immediately before commencement and one party has so stated. If that separation period is absent and only one party makes the sworn or affirmed statement, the court must consider all relevant factors. It must find breakdown if there is no reasonable prospect of reconciliation; otherwise it must continue the matter for 30 to 60 days, or as soon thereafter as the calendar permits, and may suggest or order counseling. At the adjourned hearing, either party’s sworn or affirmed statement requires a determination whether the marriage is irretrievably broken (§ 767.315(1)).

Parental relocation →
The mover ordinarily bears the burden. Statutory presumptions favor relocation where the objector has not significantly exercised placement or the move relates to abuse.

Best interestsStatutory framework; factor structure: 14.Divorce groundsIrretrievable breakdown. After a hearing or qualifying affidavit under § 767.235(1)(b), the court must find breakdown if both parties state it under oath or affirmation…Parental relocationThe mover ordinarily bears the burden. Statutory presumptions favor relocation where the objector has not significantly exercised placement or the move relates to abuse.
WyomingState
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Best interests →
Statutory framework; factor structure: 11. The list is open, with a catch-all at (a)(xi). The absence of an express child-preference factor does not make a child's preference always irrelevant under the catch-all or case law. Subsections (b)–(d) separately address gender, abuse and safety, and custody-form neutrality.

Divorce grounds →
"Irreconcilable differences in the marital relationship," § 20-2-104

Parental relocation →
Court-made relocation factors. Ordinary modification. 30 days; exceptions apply.

Best interestsStatutory framework; factor structure: 11. The list is open, with a catch-all at (a)(xi). The absence of an express child-preference factor does not make a child's…Divorce grounds"Irreconcilable differences in the marital relationship," § 20-2-104Parental relocationCourt-made relocation factors. Ordinary modification. 30 days; exceptions apply.
Puerto RicoTerritory
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Best interests →
Statutory framework; factor structure: 13 (art. 604). Separately, in domestic-violence protection proceedings, Law 54 art. 2.9, as amended by Act 120-2026 § 3, requires consideration of any Department of the Family evaluation before a court authorizes or modifies contact between minors and the respondent.

Divorce grounds →
Judicial divorce may be sought by a joint petition for consent or irreparable breakdown, or an individual petition for irreparable breakdown. Notarial divorce requires both spouses: article 473 addresses consent with applicable agreements; article 474 permits their joint declaration of irreparable breakdown without agreement on every ancillary issue, with court proceedings required for specified unresolved child matters.

Parental relocation →
Three statutory conditions and twenty factors; Article 3 notice conditions apply. OGP English is an unofficial compilation; Spanish wording and scope limits are explained.

Best interestsStatutory framework; factor structure: 13 (art. 604). Separately, in domestic-violence protection proceedings, Law 54 art. 2.9, as amended by Act 120-2026 § 3, requires…Divorce groundsJudicial divorce may be sought by a joint petition for consent or irreparable breakdown, or an individual petition for irreparable breakdown. Notarial divorce requires…Parental relocationThree statutory conditions and twenty factors; Article 3 notice conditions apply. OGP English is an unofficial compilation; Spanish wording and scope limits are…
GuamTerritory
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Best interests →
Hybrid directory framework; factor structure: 16 numbered standards.

Divorce grounds →
"Irreconcilable differences," § 8203(g), defined in § 8219 as "those grounds which are determined by the Court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved"

Parental relocation →
Section 4122 permits a custodial residence change subject to judicial restraint protecting the child’s rights or welfare. No general relocation burden allocation or separate advance-notice procedure identified.

Best interestsHybrid directory framework; factor structure: 16 numbered standards.Divorce grounds"Irreconcilable differences," § 8203(g), defined in § 8219 as "those grounds which are determined by the Court to be substantial reasons for not continuing the marriage…Parental relocationSection 4122 permits a custodial residence change subject to judicial restraint protecting the child’s rights or welfare. No general relocation burden allocation or…
U.S. Virgin IslandsTerritory
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Best interests →
Case law framework; factor structure: 5. Within its court-finding-of-domestic-violence context, §109(c)(3) bars weighing an absence or relocation caused by the other parent’s violence against the parent in custody or visitation.

Divorce grounds →
Breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. The same statutory basis permits legal separation.

Parental relocation →
No generally applicable relocation notice procedure identified. Section 109(b) separately provides a conditional residence presumption in its marriage/future-custody setting; §109(c)(3) addresses violence-caused absence or relocation. No general relocation burden allocation identified.

Best interestsCase law framework; factor structure: 5. Within its court-finding-of-domestic-violence context, §109(c)(3) bars weighing an absence or relocation caused by the other…Divorce groundsBreakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage…Parental relocationNo generally applicable relocation notice procedure identified. Section 109(b) separately provides a conditional residence presumption in its marriage/future-custody…
Northern Mariana IslandsTerritory
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Best interests →
No enumeration framework; factor structure: n/a. 8 CMC § 1311 permits custody orders according to justice and the best interests of all concerned. Robinson holds that the best interests of the child control, while courts must take into account the interests of all concerned. Robinson enumerates no factors. Subject to the confirmation procedure in § 1105, § 1104 excludes adoptions, annulments and divorces effected in accordance with local custom from this division.

Divorce grounds →
Irreconcilable differences under § 1331(g), defined as persistent and irresolvable disagreements resulting in breakdown. Alternatively, two consecutive years apart without cohabitation, with or without mutual consent.

Parental relocation →
No general relocation procedure identified. Section 1933 separately supplies a conditional violence-related child-residence presumption, and §1932(b) protects violence-caused relocation. No general relocation burden identified.

Best interestsNo enumeration framework; factor structure: n/a. 8 CMC § 1311 permits custody orders according to justice and the best interests of all concerned. Robinson holds that…Divorce groundsIrreconcilable differences under § 1331(g), defined as persistent and irresolvable disagreements resulting in breakdown. Alternatively, two consecutive years apart…Parental relocationNo general relocation procedure identified. Section 1933 separately supplies a conditional violence-related child-residence presumption, and §1932(b) protects…
American SamoaTerritory
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Best interests →
No enumeration framework; factor structure: n/a.

Divorce grounds →
Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.

Parental relocation →
No relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.

Best interestsNo enumeration framework; factor structure: n/a.Divorce groundsIrreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is…Parental relocationNo relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.

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