The significant impact of relocation in divorce and child custody

The significant impact of relocation in divorce and child custody

Many Orange County, California, spouses, particularly those who are divorced, are no stranger to ugly custody battles. When such a topic is brought up, most assume that relocation can be easily done by the custodial parent simply because he or she thinks relocating will benefit the child. However, there are a lot of things that the custodial parent must consider when it comes to relocation. The same goes with child custody issues.

Relocation often gives rise to conflicts during divorce. It potentially wreaks havoc to the already challenging child custody situation of the divorcing parties. Relocation can affect a child in many ways. However, if the custodial parent firmly believes that relocating the child to another state is for the best interest for all parties involved, he or she should consider state laws and possible legal hurdles along the way.

When a custodial parent chooses to move with the child based upon a certain support system or job promotion, the family court still examines the move with the well-being of the child in mind. The relocating parent must be prepared to convince the court that the move will be in the best interests of the child, and that the non-custodial parent will still be able to visit the child.

There are laws governing child custody and relocation in California. The custodial parent who wants to relocate with the child after divorce may consider an agreement that may state the consent of the other parent about the relocation and the proposed visitation schedule. The non-custodial parent may also seek custody modification when there is substantial change in circumstances.

Source: Huffington Post, “6 Things to Expect and Consider When Relocating with Children After Divorce,” Andrea Moore, Dec. 18, 2013

2022-03-31T18:46:19+00:0003 Jan 2014|
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