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Can you move away with children after a divorce?

On Behalf of | Dec 22, 2022 | Child Custody and Visitation

California residents may want to create some distance between themselves and their ex-spouse after a divorce. They may receive a new job offer that requires them to move away. There are many reasons that people may want to relocate after a divorce, but if they have children with their ex-spouse, moving away may not be as simple as they think.

For parents with sole physical custody

It is easier for parents who have sole physical custody of their children. Generally, parents with sole physical custody of their children may move with the children.

The only reason they would not be able to relocate with their children after the divorce is if the other parent objects and can show the move will harm the children in some way.

For parents with joint physical custody

It is more difficult when parents share joint physical custody. In these situations, if a parent wants to move with the children and the other parent objects, then the burden is on the parent seeking to move to prove that the move is in the best interests of the children.

Another factor to consider is the parenting time at the time of the requested move. The parties would generally need to modify the parenting time schedule if a parent is relocating with the children, which the other parent may also object to.

While the parent in California wanting to move may have many good reasons for wanting to move, parents need to first consider their custody and parenting time orders before moving. Parents need to speak to the other parent prior to taking serious steps to move. If the other parent objects to the move, they may need to seek permission from the courts and that can take some time to accomplish.

Experienced attorneys understand the complications associated with trying to relocate with children after a divorce and may be able to guide one through the process.