San Bernardino, CA asked in Family Law for California

Q: I live in California and want to move out of state. We have joint legal custody however, I have sole physical custody.

We are still married but separated for over 18 months. I want to move out of state. Am I able to move without giving notice to him or the courts being that I have sole physical custody? My son and I live in California where the courts granted me sole physical custody and joint legal custody.

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1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Shingletown, CA
  • Licensed in California

A: Depending on the wording in your custody order you may or may not have the right to move without the court's permission. Often times even a sole physical designation carries with it such a prohibition. If your's does not, to just up and move, even with notice, has a number of pitfalls. There is a notice requirement and a requirement that the other party still be allowed their court ordered visitation; which could be impossible due to logistical problems. I have found the better approach is to file a Request for Order (FL-300) so you have the court's validation of the propriety of the move.

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