Southern California Family Law

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Southern California Family Law

Child Relocation: Can My Former Spouse or Partner Relocate With My Child?

Custody - October 20, 2020

Child Relocation: Can My Former Spouse or Partner Relocate With My Child?

After a divorce, one parent may decide that the best option, either personally or professionally, is to move to a different city, state or country. Depending on the circumstances, your former spouse or partner may have the right to relocate with your child, but it is important to know that you have legal options if this situation arises. At Simpson Law Group, our team of highly rated legal experts is here to help you navigate the complicated issue of child relocation. Call or contact our office today to learn more.

Sole or Joint Physical Custody

The first issue that determines whether a parent can move away with their child is whether that parent has sole physical custody or joint physical custody. If the parent desiring to move away shares joint physical custody with non-moving parent, the parent desiring the relocation will have to apply to the court and request an order allowing him/her to move with the child.  At that point, the non-moving parent can contest the move away.  If the parent desiring the move away has sole physical custody of the child, that parent may be allowed to relocate unless the non-custodial parent can persuade the court that the move should not occur because it would cause harm or detriment to the child. 

Factors the Court Considers

If the parents disagree as to whether one parent can move away with the child, the case will likely proceed to litigation at which time the court will determine whether to allow the move.  In determining whether or not to allow the move away, the court will weigh various factors, including the following:

  • The child’s need for continuity and stability
  • The distance of the move
  • The age of the child or children
  • Any harm from a change in custody
  • The child’s relationship with each parent
  • THe extent to which the parents are currently sharing custody
  • The parents’ relationship with each other
  • The reason(s) for the proposed move
  • The child’s extended relationships in the current and future communities

Because move away cases are highly emotional and stressful for a family, hiring an experienced California family law attorney will help you navigate this complex area of the law.  

Need Advice About Child Relocation? Contact Our Office.

To learn more about your rights in a child relocation dispute, call or contact the Simpson Law Group today.

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