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Can a Co-Parent Relocate with the Children After a Carlsbad Divorce?

On Behalf of | Apr 8, 2020 | Child Custody and Visitation

How and when can a co-parent relocate with the children after a Carlsbad divorce? If there is any form of shared parenting or shared custody can one of the parents move away with the kids?  This is a complex legal question which carries substantial consequences for all parties associated with relocation or move-away child custody cases.

In the vast majority of cases, our North County Family Law Court will retain “jurisdiction” over the case and all aspects of the divorce including child custody, child support and spousal support.

The “venue” or location of your divorce case is here in North County.  If a parent who shares joint physical and legal custody of the child(ren) wishes to move they must seek permission from the court prior to relocation. If they fail to do so, the court will take immediate action (upon request) usually ordering the immediate return of the children and including and limitation or revocation of the custody rights of the parent who relocated without the court’s permission.

Our courts will first consider the best interests of the child(ren) which include stability, a continuation of the status quo in their lives as well as the ability to spend quality time regularly with each parent. The Court will also consider how the move would affect the lives of the child(ren) and how the move might improve the child(ren)’s life based upon many factors including increased economic viability, the availability of family and close relationships in the new venue and other supporting factors.

The bottom line here is a co-parent is free to locate whenever they choose to do so, but not with the child(ren). If you wish to take the chid(ren) out of the area (Carlsbad) or out-of-state you will need orders from our local court.

can a co-parent relocate with the children after a Carlsbad divorce? Are you concerned your former spouse may be planning to move away? We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys. We will discuss the unique circumstances surrounding your case and how to accomplish your goals and protect your interests.