Boise, ID asked in Child Custody and Family Law for Idaho

Q: Does sole legal custody in Idaho allow a parent to move out of state even with joint physical custody?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Nope. If you have sole "legal custody," you have only 1/2 of the "bundle" of rights that parents have. The other "half" is "physical custody rights." You can file a petition to move, listing all the factors you believe are important and let the judge decide. If the father believes that allowing you to move is in your child's "best interests," then the Court will say so in it's opinion giving you the right to move. This is very serious because this move might be the last time the father has any possibility to see or get to know his child. The minor child will also suffer unless she is able to meet, get to know and come to terms with the father who wasn't there during the child's upbringing. Ask the Court. That is the ONLY safe way to do it.

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