Following a divorce, most people want to make a fresh start. In some cases, that can mean moving to a new town, new state, or even a new country. However, if the person shares children with their former spouse, moving away may not be possible, or if it is, it could be extremely difficult.
Am I Allowed to Relocate with My Child Following a Divorce in California?
Whether you can move away with your child after you get divorced depends on the details of your child custody agreement. If a parent wants to move away with children they share with their former spouse, a motion will need to be filed with the court. In some cases, the parent who wants to move away files a motion for permission to move away with the former couple’s kids. In other instances, the parent who isn’t moving away will file a motion for change of custody to prevent the other parent from taking their children with them if they move.
If the parents disagree about whether the children should move away, they will first attempt to reach an agreement regarding the issue through mediation. Issues that are generally covered during this sort of mediation include visitation rights and what location will be considered the children’s permanent residence.
If the parents cannot reach an agreement through mediation, the matter will go before a judge who will decide whether the children must stay or if they are allowed to relocate with the parent who wants to move.
Planning to Relocate with Your Child After a Divorce? Our Experienced Child Custody Lawyers Can Help
In the aftermath of a divorce, especially if it was a complex and/or emotionally-charged divorce, you need a fresh start. You’re moving into a new chapter of your life and putting the past behind you can be the best way to start off on the right foot. Unfortunately, that can be difficult if everywhere you look reminds you of your old life, or the career opportunity of a lifetime requires you to move to a different city, state, or country.
This would be a difficult situation if it were just you, but if you share children with your ex, it can be even more complicated. Depending on you and your former spouse’s child custody arrangement, attempting to relocate with your kids could lead to a legal dispute.
At Arnold Law Group, APC, our experienced child custody attorneys are ready and willing to help you navigate this challenging time. Our legal team has over 30 years of combined experience, and a long track record of helping clients successfully manage child custody issues, including relocation. You don’t have to go through this alone.