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Does sole physical custody mean we can move out of state?

Ok anyways I found out that my parents have joint custody, but my mom has sole physical custody..now I don’t know exactly what that means but I need to know..do I have to have my dad’s permission to leave/move out of Michigan when I turn 16??

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Answer #1

Physical custody is defined as “the routine daily care and control and the residence of the child.” In practical terms, it generally refers to who maintains the “home base” or “primary residence” of the children, and who has the children most of the time, particularly during school.

In MOST states, regardless of who has physical custody (sole or joint), a parent may not move the residence of the child outside the state without the Court’s approval or the other parent’s consent.

HOWEVER, If one parent has sole physical custody, it is presumed that the out-of-state move is appropriate and should be granted. In order to prevent the move, the non-custodial parent (your Dad) HAS TO PROVE in court that the proposed move is not in the best interests of the child and would endanger the child.

Will your father OK the move? If so, there shouldn’t be any complications. If he has issues with the move, he would have to prove that it would harm you in order to keep you there.

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