It is very unlikely that a parent will lose primary physical custody of a child based on the fact they made a request for a move-away. In every situation, the court considers whether relocating may be detrimental or is in the best interests of the child. That said, a co-parent who does not have primary custody may ask the court for a change in primary physical custody based on your move-away request. In this case the non-custodial parent must demonstrate the relocation would be detrimental to the child in some way. If you relocate with the child without the court approving the move-away request, it is possible you could lose primary custody.