Divorce is often a chance to start over. Some parents may continue life in the same place to keep consistency for themselves and their kids. Others may have the opportunity for a better job or more support in a different city or state, leading them to make a move with the children following divorce. The Sherman Oaks move away attorneys at Diarian and Bociaga understand that planning a move if you have a visitation agreement can be incredibly complex. To avoid common mistakes that can bring you back to court, you may want to ensure you take the appropriate steps when you plan to move with your child after divorce.
Consult Your Custody Agreement
If you want to move with your children after divorce, it is critical to comply with your custody agreement. If you are in the process of divorce, you may want to speak with your attorney about your plans so they can help you secure a custody agreement that protects your goals. Facing the possible change upfront can save you time and money in the long run.
If you plan to stay local within 20 miles or so, you may find that your plan to move is unaffected by the custody agreement. If you make any adjustments to visitation, you may want to ensure these conversations are documented through text message or e-mail to protect yourself if they change their mind. However, if you plan to move further than that, and your co-parent is unable or unwilling to adapt visitations, you may need to seek a modification to your agreement.
Custody modification
If you are unable to find common ground with your co-parent regarding your move, you may end up back in court requesting a modification to your custody agreement. You can do this with a judgment modification attorney who can help protect your interests and deliver a compelling argument for allowing you to move with your child. California courts often recognize that these situations are not black and white. Therefore, they must weigh all factors that affect the child in deciding whether to allow a parent to move out of state with the child.
Considerations for Moving with Your Child
If you petition the courts for a custody modification, the judge will expect significant justification for your decision, including why it is in your child’s best interest. Some of the information the judge may consider for the modification include:
- Whether the move will help or hurt the child’s quality of life
- Is there a support system in the new location
- What does the current parent-child relationship look like for each child
- How likely is the custodial parent to encourage a relationship with the noncustodial parent
- The child’s preferences, if they are old enough
Further, this is often highly contingent on the current custody arrangement and visitation adherence. For example, you may be more likely to receive approval to move if you have sole custody of the child or if the other parent fails to utilize their parenting time regularly. Similarly, if you share custody well and the other parent is consistent and engaged, the judge may be more hesitant to approve a move that further separates them.