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Have physical & joint legal cus. Terms for judge granting permission to move out of state w/my child are?

San Diego, CA |

Currently have sole physical and joint legal custody of my daughter. I've been unemployed almost 3 years now, looking for work while raising her on my own. If I want to move out of state or even just out of the county, what are the determining factors for a judge to approve and not approve this? Currently have an attorney that will not return texts, phone calls or emails so can never get an answer.

Attorney Answers 2


  1. Best answer

    There is a rather well-developed body of law with regard to move-away requests. Take a look at Marriage of LaMusga for starters.

    Be prepared to answer the following questions : What is your plan for ensuring the other parent continues to have a bond with your son? Are you willing to give up summer vacations and holidays? Who will pay for travel expenses to/from California?

    Most people cannot prepare a move-away case on their own, so if you can make peace with your attorney, I suggest you do so. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.


  2. First, you have an attorney. If you are unhappy with your attorney, you need to fire him/her before you can represent yourself or hire another attorney. You are right to be frustrated with an attorney who does not return phone calls or answer questions.

    Generally with regard to move aways - The law on move away cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children.

    Generally, a parent who has a permanent order for sole physical custody can move away with the children, unless the other parent can show that the move would harm the children. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure how the law applies to your specific circumstances.

    If the parents have joint physical custody of the children, the parent wanting to move with the children must show that the move is in the best interests of the children.
    If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, you should talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible.

    Best of luck to you.

    Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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