If I Have Sole Custody, Can I Relocate Without Any Problem?

November 9, 2017

Sole custody grants you many rights, such as having physical custody of your child and making all major decisions on their behalf from a legal custody standpoint. However, if you have sole custody, can you relocate anywhere you want with your child? This is a question that some parents ask when they want to move away from their ex-spouse and the area. We are here to help you today.

Moving Away When You Have Sole Custody

Sole custody means a lot of things, especially in terms of rights that you have regarding the custody of your child. If you have sole custody and your ex has no visitation rights or any rights whatsoever to the child, you may have no problem picking up and leaving. However, if your ex still has visitation rights to the child, these are still considered to be parental rights and you do not get to decide if they are taken away. This means that you will have to seek court approval to move. This involves showing the courts that it is in the best interests of the child to move away from the area and your spouse. If your ex is still seeing your child and you decide to move away even though the visitation rights are stated in your order, this could look badly in the eyes of the court and in many cases you may have to move back or have a long distance visitation that may no longer be in the best interests of anyone.

When an Ex Keeps You From Moving

Furthermore, if your ex is still entitled to visitation time, they could go to large lengths to keep you from moving. You may file a notice of intent to relocate, which gives them time to respond and decide on whether or not they want a hearing to discuss these matters and give reasons why they do not think it is a good idea.

As you can see, moving away can become a complicated process when you have sole custody but your ex still has visitation rights. If you find yourself in a situation where you want to move but you may be prevented from doing so, you should always speak to an experienced attorney. Call us today for more.

Posted in Child Custody and tagged child, ex-spouse, hearing, physical custody, process, relocate, relocation, rights, sole custody, visitation, visitation rights

Diana H. 05/01/2021

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This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

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Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

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Your Law Firm for Life.

If I Have Sole Custody, Can I Relocate Without Any Problem?

Moving Away When You Have Sole Custody

When an Ex Keeps You From Moving

Your Law Firm for Life.

Are you ready to find out how we can help you?

Call Our Office Today: (909) 484-9992

Your Law Firm for Life.

Moving Away When You Have Sole Custody

When an Ex Keeps You From Moving

Your Law Firm for Life.

Are you ready to find out how we can help you?

The Law Office Of Soheila Azizi & Associates, P.C.

Diana H. 05/01/2021

Linda P 6/19/2020

Adrianne Fernandez 3/11/2021