The Law Firm of Lan Quoc Nguyen & Associates
The Law Firm of Lan Quoc Nguyen & Associates

800-505-1238
Chúng tôi nói tiếng Việt

800-505-1238
Chúng tôi nói tiếng Việt

Moving away with the kids

| Mar 24, 2018 | Family Law |

The goal of all of those in Westminster who have recently divorced is to move on with their lives. For some, that only becomes easier after having left the local area and the many reminders they see of their marriages. Relocation following a divorce may be necessitated by the desire to move, the need to be near family or the circumstances of one’s career. In any event, it becomes much more complicated if one has children with his or her ex-spouse.

Most states recognize the benefit children enjoy when they have constant contact with both of their parents. This makes the issue of parental relocation a very sensitive one. Both sides may commit to not moving during divorce proceedings, yet that commitment may be tested or even erode over time. Indeed, according to information shared by Psychology Today, 16 percent of Americans relocate every year, with almost half of those leaving their current metropolitan areas.

The law does not forbid a parent to move (even if he or she has primary custody of his or her children). Per Section 7501 of the California Family Code, a custodial parent is permitted to change his or her kids’ primary residence. At the same time, local family courts also retain the right to block a relocation if it is deemed to not be in a child’s best interests.

Those custodial who wish to move (with their kids in tow) can often help facilitate their cases by developing a revised custody and visitation schedule that allows their children’s non-custodial parent to continue to see them on a regular basis (without placing the entire burden of travel on the non-custodial parent). Such a revision can then be submitted to the court to approve or suggested further revisions.