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How to Manage Relocation With Children After a Carlsbad Divorce

On Behalf of | Mar 16, 2020 | Child Custody and Visitation

Are you searching for information on how to manage relocation with children after a Carlsbad divorce?  Is it possible to relocate or move out of the area or out of state with your children after a divorce?

While this may absolutely be possible and in the best interests of the child(ren) you should never do so without the advance written orders or consent of the court.

Here in North County San Diego, our Superior Court in Vista maintains “jurisdiction” over your case once the divorce is completed (unless otherwise addressed within the divorce decree itself). This means the children as well as child custody and parenting time issues are actually under the authority of our Family Court and taking them out of the court’s jurisdiction can result in severe consequences for a parent who does so without the permission of the court.

You need to have a clear understanding of your legal responsibilities and how to manage relocation with children after a Carlsbad divorce.

You must file a request for relocation to the court. The judge in your case will consider many factors regarding the best interests of the children. Will the children be surrounded by more family, extended family and friends? Will they experience better educational, health or financial benefits from the relocation? How will the child(ren) maintain “consistent, frequent quality time” with the non-relocating parent?

The court will also consider if the move is intended to damage the relationship between the child(ren) and the other parent or simply a vindictive move to inflict pain and hurt on the other party.

These cases involve parents with positions which are in serious opposition to one another and there will be a serious impact on the lives of the child(ren) involved. The court requires time to carefully examine all aspects of the proposed relocation in order to determine the impact upon and the best interests of the child(ren).

If you are interested in relocating with your child(ren) or have heard rumors or received notification a former spouse intends to leave the area you should contact us or call 760-389-3927 to learn more about how to manage relocation with children after a Carlsbad divorce or take immediate action to protect your custody and parenting time rights.