Can relocation with children without advance permission of the court affect existing child custody orders after a divorce? Is it possible to lose child custody if you take the children and relocate out of the area without the advance permission of the court?
The short answer is: “It’s complicated, but yes.”
In a typical Carlsbad divorce case the judge will issue final orders including child custody and parenting time and the court will retain jurisdiction over the case in the future. This is an important point. Legally speaking, this means any questions or legal issues which arise in the future must be heard by that same court. This is known as “venue” and venue is a critical issue in child custody cases involving relocation or move away issues.
If one of the parents attempts relocation with children without advance permission the court almost always takes a firm stance against the relocating parent. In these cases it is not unusual for the court to order the immediate return of the children to San Diego and to suspend, limit or revoke the child custody rights of the parent who attempted to relocate without the permission of the Court.
Our Family Court Judges usually take immediate decisive action against relocation with children without advance permission of the court.
If you are a parent who shares custody with a former spouse and wish to relocate with your children seek the proven advice of the experienced Carlsbad Certified Family Law Specialists at Burke & Domercq.
If you are the parent who lives locally and you’ve just learned your former spouse has left with the child(ren) or intends to in the immediate future, you must take immediate action to protect your own interests and rights as a parent and preserve the venue of our local courts.