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Moving Away or Relocating with Kids After the Divorce

On Behalf of | Jul 30, 2020 | Child Custody and Visitation

Are you or is your former spouse thinking about moving away or relocating out-of-state with the kids after the divorce in Carlsbad? Do you share child custody and parenting time? Are you concerned about what will happen and if the Courts will allow the move?

The first thing to know is that our family law courts in North County take a very dim view of any parent with any form of shared child custody or parenting time who takes the children and moves out of the are or out-of-state without the advance written authorization and permission of the court.

The Court maintains jurisdiction in child custody and parenting time cases even after the divorce decree is issued. This allows our Court to protect the best interests of the children while ensuring that the orders of the court are carried out.

What happens if your former spouse is unexpectedly moving away or relocating with kids after the divorce?

You need to contact the experienced child custody attorneys at Burke & Domercq immediately. It is crucial to take legal action as soon as possible to make sure that our local Family Court remains in control of your child or children’s case. Once the parent arrives in another state they can request emergency residency and will usually claim some form of abuse or domestic violence. Within a matter of a few short weeks the out-of-state court will attempt to claim jurisdiction over your children making it much more legally challenging and expensive to pursue their return.

If you Act Immediately We Will Protect You and Your Kids

If you contact our law office as soon as you learn they have departed (or are considering leaving) we can ask our Family Court to immediately step in. If the children have been taken out of the area or out-of-state we will seek immediate orders from the court for their return. We will ask the court to consider the actions of the other parent, and to modify custody and parenting time accordingly.

In the end, our courts are interested in the best interests of the children. If a former spouse is moving away or relocating with kids after the divorce, they must demonstrate there is more family and local support for the children in the new location, and that the child(ren) will enjoy a better quality of life and standard of living. The court will consider all aspects of the situation and our attorneys can and will make a strong difference in the outcome of your case.

If you are concerned with a former spouse moving away or relocating with kids after the divorce you need to protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.