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Can I Take the Kids Out of State During a San Diego Divorce?

On Behalf of | Oct 14, 2021 | Child Custody and Visitation

We are often asked “Can I take the kids out of state during a San Diego divorce?”  It is important for all parents who are considering or in the process of a divorce to understand the Family Laws of California and how they apply in these cases.  This is why it is important to work with the experienced, proven Certified Family Law Specialists at Burke & Domercq.

If you are in the process of a divorce or share co-parenting after a divorce decree you will need to seek the written authorization of a Court or an actual order to be able to take the kids out of state during a San Diego divorce.  The moment a divorce case is filed the rules for parents as it relates to their children immediately and substantially change.

The heart of California Family Law from a legal perspective is the best interests of a child.  Every decision the Court makes (and every action by either parent during and after a divorce) should reflect this important and central priority.

The Court is charged with the protection of the best interests of every child during a divorce while working to protect balance and the legal standing of each parent.  If you wish to take the kids out of state during a San Diego divorce you must first seek the permission of the Court to do so.

Once child custody and parenting time orders are issued in your case they guide the rights and responsibilities of each parent.  Travel out of the San Diego area, out of state or even out of the country with children should be an issue which is clearly addressed within the parenting agreement and orders of the Court.

If you wish to relocate with the child(ren) you will need to prove why it is in the best interests of the child(ren) to do so prior to the move.  These are complex issues requiring the proven counsel and advice of the Certified Family Law Specialists at Burke & Domercq.

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.