Are you wondering how to manage relocation with existing child custody orders in San Diego? Child custody and parenting time agreements are often sources of concern and legal issues following a divorce. Perhaps one of the most contentious post decree child custody and parenting time issues is a move-away or relocation case.
What happens if existing orders have established shared parenting rights for each former spouse, and one of the co-parents wishes to move out of the area, state or country? Can a co-parent simply take the children and relocate without the permission of the other co-parent and our Family Court?
The short legal answer is no. Any parent who takes children and moves out of the area without the advance permission of the Family Court who issued orders in their case will face harsh consequences. This can include the loss of existing custody and parenting rights and can be as serious as criminal charges such as kidnapping.
The question in your mind may be how to manage relocation with existing child custody orders in a proper and legal manner. Generally speaking, any co-parent who wishes to relocate with children must provide the Court with at least 45 days of notice in writing in advance.
If a move is simply a minor local move and will not impede the co-parent’s ability to continue with existing custody and parenting time orders the Court is usually likely to approve the request.
However in order to manage relocation with existing child custody orders to a new home out of the area or out of state the relocating parent will have a heavy legal burden with the Court. The relocating parent must justify the reason for the move and prove the existence of support, the presence of family or a network of close friends and a situation which will improve the “status quo” (existing quality of life) for the child(ren).