Asked in Family Law for Idaho

Q: I have sole physical custody but joint legal custody can I move to another state with my children?

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

A: Nope. "Legal Custody," is the right to decide when your son can get a tattoo or join the military or leave school, big decisions. Further, the Idaho appellate courts have said that you are "welcome to move, just don't take your children!" You must file and ask for permission to move with your children. It's very important you don't move without permission. Few things irritate courts more than one parent moving away from the non-custodial parent. It doesn't matter what the reason either. Judges are judges for this reason, they like to make decisions, based on what the court sees are the "best interests" of the minor children, as opposed (sometimes) to the parents' belief in what the best interests are for their children. I have only seen a handful of times where judges thought it was okay to allow the mother to move away from the father, if the father was a decent man.

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