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Relocating with the kids after a divorce

On Behalf of | Sep 10, 2019 | Family Law |

Many in Westminster may find it difficult to immediately move on with their lives following their divorces. For them, moving away may seem to offer the best chance at opening the next chapter of their lives. Indeed, according to information shared by Move.org, a change in marital status ranks among the most common reasons why people move. 

Yet what if the one wanting to move has children with their ex-spouse? A relocation (and the increased distance that it would put between the ex-spouse and the kids) would almost certainly put a strain on their relationship. This prompts the question of how one in such a situation can move away (with their children in tow)? 

Per the website of the Judicial Branch of California, a parent who has sole or primary physical custody of their kids is allowed to relocate if they choose to. Their ex-spouse can oppose the move, yet in order to prevent it from happening (or at the very least having their custody agreement modified), they have to prove why the move would be bad for the kids. 

The situation is reversed if both parents share custody and the parent that is not relocating opposes the move. In that case, the burden of proof falls to the relocating spouse to show the court why the kids should go with them. A better arrangement may be for the parents to set aside any differences they may have and work together to come up with an agreement that allows for the move yet does not place a burden on the non-relocating parent in maintaining contact with the kids. The court will typically respect such an agreement before imposing its own standards on a custody case. 

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