Legal Question in Family Law in Idaho

Changing residency after divorce

I am currently married and planning to divorce my husband. After the divorce I would like to relocate to another state (my home state). My husband and I have a 3 yr old son. I believe I will get custody; how will my planned move affect the courts decision? Can they award custody to my husband based on the move? Or, can they tell me I can't move?


Asked on 4/09/02, 4:36 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Changing residency after divorce

A court can award custody to the father based on a move to another state. The court can't order you not to move but it certainly can change custody of children based on it.

You need to file for sole physical custody which means that father will not have any visitation rights. You must however show that this is in the best interests of your child. Unless the father is abusive or neglectful, this is very hard to prove.

Read more
Answered on 4/15/02, 4:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Idaho