The approval of our North County family law Court is required to relocate with children after a Carlsbad divorce. Generally speaking, once an Encinitas, Oceanside or Carlsbad divorce is completed, the judge will almost always retain jurisdiction over the case going forward. This applies to all child custody and parenting time issues including relocation and move-away cases.
There are many valid reasons to consider moving out of the area or out of the State of California with children after a divorce. There may be a much greater opportunity for quality of life including education or the health of the children. The new location may provide a much larger circle of family and friends to support and nurture the child(ren).
However, it is never advisable to simply relocate with children after a Carlsbad divorce without asking permission from the family law court who issued the divorce decree in your case.
If you take the children and move away you will genuinely risk the loss of all of your child custody and parenting time rights. North County family law courts usually come down hard on parents who, in essence, abduct their children and move away. This may seem like a harsh perspective, but when you share custody with another parent each parent has a legal right to see and spend time with the child and make important decisions regarding their child’s life. Unless you have sole legal and physical custody of the child(ren) you must seek advance permission of the Court when considering a potential relocation or move-away.
If you are a parent who wishes to relocate with children after a Carlsbad divorce to improve the quality of their life or to be nearer to relatives and friends or for any other reason we invite you to contact Burke & Domercq or call 760-434-3330 to schedule an appointment. You can entrust your important child custody and parenting time case to our skilled, experienced and proven Certified Family Law Specialists.