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What Happens When One California Parent Wants to Relocate with the Children?

April 15, 2022, In Child Support

At WHITMARSH FAMILY LAW, PC, our Los Angeles child custody attorney understands that after a California divorce, both parents’ lives move in different directions.

While co-parenting is the priority, parents still have their own personal and professional lives to contend with as their children grow.

So, what happens when one parent wants to move for work, to be closer to a new partner, or family?

For some, moving the children away from one parent may be as easy as a private discussion that informs him or her that relocation is imminent. For others, their custody agreements will lay out the terms for relocation. For many, it may require intervention by the California Family Court.

Here is what California parents need to know about their rights to relocate with their children.

Do You Have a Custody Agreement in Place?

The California Family Court makes custody decisions during divorce proceedings based on the best interests of the children.

When one parent wants to move with the children, and the other objects, the courts will remind the parents of the importance of both parents being involved in their children’s lives.

That means the court’s decision will initially be dictated by the existing custody agreement.

If you have temporary primary custody of your children, moving them away may be effectively challenged by the other parent because the initial arrangement may not be permanent.

If you were awarded permanent primary physical custody of your children, and are seeking a move, you may be given the okay by the courts, unless the other parent can prove that moving the kids will harm them.

We can help outline your case to support your stance, no matter which side of the courtroom you are on.

Do You Have Joint Physical Custody of Your Children?

If you and your ex-spouse share physical custody of your children, and split their time evenly between two households, current parenting schedules and plans will play a significant role in the judge’s decision to approve the move.

When both parents have fundamental roles in their children’s lives, moving the kids away from the other parent is going to be challenging but may still be possible.

Depending on the reason for the move, our Los Angeles County divorce attorney can make a compelling argument that helps solidify your position.

What if One Parent is Not Involved in the Kids’ Lives?

If one California parent has sole, primary physical custody of the children, and the other parent is not physically involved in their lives, the parent who is moving must prove he or she made every attempt to locate and alert the other parent of the move before it is approved by the courts.

Contact WHITMARSH FAMILY LAW, PC Today to Schedule a Free Consultation

If you are unsure about how a move will impact your existing custody agreement, contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC by calling (310) 552-3505 to schedule a free consultation today.

We can help provide solutions that produce results.


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If you are considering a Divorce in Los Angeles, CA, Contact our experienced Attorney Today and Get a Free Consultation.

Give us a call 310-552-3505