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If I have sole legal and physical custody of my daughter can I move out of state with her

Santa Rosa, CA |

if I have sole legal and physical custody of my daughter can I move out of state with her?

Attorney Answers 3

Posted

If a court has given you an order or judgment awarding you sole legal and physical custody and you want to move out of state, unless that order limits this in some way (for example, if you are required to get the other parent's consent or the court's permission), there is a presumption that it is in the child's best interest to move with you. If the other parent has visitation rights, unless your move will not disrupt or change that visitation schedule, you will need either a modification of that schedule by agreement (preferrably a written agreement) between you and the other parent or you will need a court to modify the visitation order because of the intended move.

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Posted

Under the facts as you present them, probably. You should, however, consult with an experienced family law attorney before making the move. Good luck.

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Posted

You will need to read your order carefully. Does your order say you must give notice of intent to move, or get permission of the court? do it have a restraint against relocating the residence of the child? Your best bet is always to take the high road and give notice of your intent to move at least 60-90 day sin advance of the move and file a motion seeking permission of the court to move - this lets the court know you are making fdit and proper parenting decisions.

If your ex will consent to your move you can also have an attorney draft a Stipulation and Order to allow you to move and then submit it to the court for the judge to sign and it becomes the "new" order. If you do it this way, you will need to carefully draft the visitation and exchange provisions so there bare no "loopholes" to cause problems later. Nolo press offers self help legal books that can help you do this if you choose not to get a lawyer. Of course, your interestsd are always best protected by seeking legal advice.

Good luck,

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