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rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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Im a stay home mom, with a 13 yr old son, married 30

Resolved Question:

I'm a stay home mom, with a 13 yr old son, married 30 years and am wondering if Primary Physical Custody will ensure that I can move with my child within the state of California if I find a job, affordable housing and/or a better school district for my son? Or do I need to ask for sole physical custody, due to the ambiguity of the term 'primary physical custody?'
Submitted: 8 years ago.
Category: Family Law
Expert:  rvlaw replied 8 years ago.

Hi Susan,

Unfortunately, the issue of where you can move with your son cannot be resolved by way of the definition of these terms. Your husband would have rights to see and be with your son under either and at very least would have visitation rights which you cannot deprive him of. Your husband will at the appropriate time, if you two cannot agree, apply to the divorce court for an order prohibiting you from moving with your son "X" miles away depending on your husband's job, the commute, the cost, etc.


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