Some people who go through a divorce opt to move out of the area once the divorce is finalized. While this isn’t much of an issue for people who don’t share children, it can be a major source of stress and contention for those who do.
Relocating out of the area requires careful thought. This is especially true if they’re moving out of the state or to another country. Parents in California who are considering a move with their children will have to obtain the permission of the court.
When would court approval be necessary?
One of the first things that a parent who wants to relocate should do is to check the child custody documents. Some California child custody orders specify how far the parent is able to move or go with the children. Anything out of that area would require the court’s approval.
Court approval is also required if the move will impact the other parent’s ability to maintain their parenting time with the children. If court approval is necessary, the judge will look at how the move will affect the children before they make the ruling.
What’s considered when relocation is requested?
The court will consider several factors when trying to determine whether a relocation is appropriate. One of these is what the parent who isn’t moving has to say about the move. The judge will also consider the distance of the move and the child’s age. Longer distances will likely be given more in-depth consideration. If the child is older, the judge may discuss the move with them to see what they think about it.
It’s possible that the judge will consider the relationship between the parents. If there’s a good relationship that will make it possible for the adults to work together to ensure the children have meaningful relationships with both parents, the court may be more inclined to approve the move.
It’s always best for parents in this situation to discuss the matter with someone familiar with relocation laws. There may be additional considerations, based on the circumstances. Understanding these and having a plan to address them can make the relocation situation less stressful to deal with.