After a divorce, many parents understandably want a fresh start. They may wish to move to a new place, whether it be for a new job, to be closer to family, or some other reason.
However, relocation is not always an option when there are children involved. Judges make custody decisions based on the best interests of the child. Typically, the best interests of the child are to have both parents involved in their life.
This often makes relocation out of the question. Judges strive for shared child custody when possible. It is much easier for a parent with sole physical custody to be able to move with their child. If there is a permanent custody order, the judge typically will not allow a parent with joint physical custody to move away with the child unless it can be proven that the moving away is in the child’s best interest.
When deciding if relocation is in the child’s best interest, the judge will look at the following factors:
- The distance of the move. A move far away can make it hard for the child to see both parents on a regular basis.
- The relationship between the parents. What is the relationship like between the parents? How well do they co-parent? Do they allow the other parent to have access to the child?
- The child’s age. Younger children tend to be more affected by a move. For an older child, the judge may discuss the situation with them to see what they want.
If You Plan to Move
Review what is in the child custody order. The orders will differ but may have restrictions on notice. For example, you may be ordered to give the other parent at least 45 days’ notice (in writing) of any relocation plans. In many cases, there may be orders stating that a parent can only move a certain distance away without the other parent’s written agreement.
What if the Other Parent Plans to Move?
Do you agree or disagree? If you agree to the move, think about what visitation schedule you might want. Also, consider who will pay for the costs of transportation and visitation.
If the move is out of state, discuss the situation with a lawyer who has experience working with parents who live in different states. Your lawyer can advise you on what to put in the agreement.
If you do not agree to the move, and you and the other parent cannot reach an agreement, you will need to take the case to court. Ask for a hearing date so the judge can decide on what is best for your child.
Contact Us Today
Many parents want to relocate with their children after a divorce, but it’s not something they can do without permission. There are limitations involved based on the current custody orders.
The Law Offices of Oliver Gutierrez has more than 20 years of experience protecting clients’ rights in family law matters. Need a Spanish-speaking family law attorney? Se habla español. Fill out the online form or call (650) 590-7675 to schedule a consultation with our office.
