Relocating With Your Children After Divorce
Any legal issues involving child custody and visitation can create great strain and anxiety. Of all the issues that impact child custody rights, nothing causes greater stress than when one parent wants to relocate a great distance with the children. If you have primary physical custody of your children and want to move, you have to get permission from either the court or from the other parent. If you are opposed to such a move, you have legal rights. No matter what side of this issue you are on, you need a lawyer who can protect your rights throughout the legal process.
I am Vista family lawyer Paula D. Kleinman. For more than 20 years, I have led my clients to positive resolutions to difficult family situations. Contact my law firm today.
Before changes in California law, parents with primary physical custody had the ability to move great distances with their children without court intervention. Now, courts have wide discretion in determining whether a custodial parent can move. The non-custodial parent must show the court that a move will cause significant detriment to the children. The court is required to consider a number of factors when determining whether or not to modify a custody order:
- The stability and continuity of custodial relationships
- The distance of the move
- The ages of the children
- The child’s relationships with both parents
- The relationships between parents
- The child’s preferences, if the child can express a knowing and mature preference
- The reasons for move
- The extent of shared custody arrangements
Whether you want to move with your children or do not want your children to move, I will put forth a compelling case for you.