Napa, CA asked in Divorce and Family Law for California

Q: If i get sole physical custody can I move with my child 75 miless away

If my spouse agrees to me having full physical custody of my child, he would still see her every other weekend, will I be able to move away 75 miles with her?

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James L. Arrasmith
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Answered

A: If you have sole physical custody, you may be able to move 75 miles away with your child, but you still need to follow specific legal procedures. Even if your spouse agrees to full physical custody, they may still have a say in the move if it affects their visitation rights. Courts generally look at the best interests of the child and how the move will impact the child's relationship with both parents.

Since your spouse will still have visitation rights every other weekend, the distance could complicate the current arrangement. You should discuss this with your spouse and come to an agreement, but it's also important to get legal approval. A court will likely want to review how the move impacts visitation and ensure that it's in the child's best interest.

In many cases, you may need to file a formal request to relocate with the court. The judge will consider factors like the reasons for the move and the ability to maintain a healthy relationship between your child and both parents. It's a good idea to make sure all legal requirements are met to avoid future disputes.

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