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What to do if you want to move with your child after divorce

On Behalf of | Oct 30, 2023 | Child Custody and Visitation

After a divorce in California, a family experiences many life changes. One might be moving away from where the child has been living. If both parents agree with the move and work out a visitation schedule that works for them, then the process is easy. However, if the parents disagree, there are steps and rules they must follow to either convince the court to allow the move or to prevent the other parent from moving away with the child.

Moving away with your child

If you are the parent who wants to move away with your child and the other parent is against the idea, you will need to go to court to seek a child custody relocation order. Before you can do this, you will need to provide evidence to the court that the move still protects the best interests of the child. Some of the evidence might include:

  • Your current parenting plan
  • Reasons for moving away
  • A new parenting plan for after the move
  • Evidence of your relationship with the child and with the child’s other parent
  • The child’s preference related to the move, if the child is old enough

When your child’s other parent wants to move away with your child

If you find yourself in the other position, you will also need to present your relocation case in court to prevent your child’s other parent from moving away with them. In this case, you might present the court with evidence to show how the move might negatively impact the child’s life and your relationship with the child. In effect, you show that the move is not in the child’s best interests.

In any scenario, it is best to follow the rules regarding relocation. Seeking court approval before making any decision will protect both your child and your own rights.