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How to Handle a Move Away or Relocation with Kids After Divorce

On Behalf of | Oct 22, 2019 | Child Custody and Visitation

Are you searching for the best strategy for how to handle a move away or relocation with kids after divorce?  Life after divorce will continue to change for most parties. We are often asked about child custody move away or relocation cases here in Carlsbad.

The primary question in these cases is: “Can one parent take the kids and move out of the area or away from California once divorce orders have been issued?”

If a parent has sole legal and physical custody there are probably no legal challenges to moving out of the area.  It is always best to communicate with local courts who have jurisdiction over the child(ren) prior to the move.

If you share physical and/or legal custody with another parent you will be required to seek the permission of the Court to relocate with the children.  California laws are very clear on this issue, and Carlsbad Courts almost always take severe action against a parent who takes the kids and moves out of the are without advance permission from the Court.

A parent who attempts a move away or relocation with kids after divorce without the permission of the Court risks sanctions that include the immediate return of the child(ren) as well as loss of many or all of your physical and legal child custody rights.

The Certified Family Law Specialists at Burke & Domercq will advise you in these circumstances, and guide you through the process.  The Court is interested in what is in the best interests of each child.  The Court will give serious consideration when a parent is returning to an area where the child will be surrounded by family and close friends who will assist with the quality of life and provision for the child.  However this is not the only consideration.

California family law recognizes the importance for a child to spend quality time with each parent on a regular basis, and any plans to relocate must take this fact into consideration.

To learn more about the best way to handle plans to move away or relocation with kids after divorce contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our experienced child custody attorneys prior to the move or relocation.  We will work with you to understand your goals, protect your rights and guide you through the complex legal process of handling a move away or relocation with kids after divorce.