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Is it Possible to Relocate With Children After the Divorce?

Law Office of Shelly Jean John Feb. 5, 2024

In California, if you wish to move away with your children after a divorce, you must either obtain the permission of the other parent or seek court approval. This requirement is designed to protect the rights of both parents and ensure that the child's welfare is taken into consideration. It's important to note that the decision-making process isn't as simple as it may seem. The court takes into account various factors before granting a relocation request.  

As a seasoned divorce attorney, I serve clients across Southern California, including Ontario, Rancho Cucamonga, San Bernardino, and Riverside. One of the most complex issues I often encounter is the desire to relocate with children after a divorce. This is a delicate matter that can significantly impact the existing child custody and visitation arrangements. It's essential to understand the laws and procedures surrounding this issue to make informed decisions that prioritize the best interests of your children.  

Factors Considered by the Court in Relocation Cases 

The primary factor that the court considers when deciding whether to grant a relocation request is the child's best interests. This includes carefully evaluating not only the child's health, safety, and welfare, but also the nature and amount of contact the child has with both parents. Additionally, the court takes into account any history of abuse or domestic violence involving either parent, prioritizing the child's well-being and protection above all else. 

Another significant factor that the court considers is the reason behind the proposed move. If the relocation is made in good faith, such as for a job opportunity that would improve the parent's financial stability, better living conditions that would enhance the child's quality of life, or to be closer to supportive family members who can provide a strong support system, the court is more likely to grant the request. On the other hand, if the court determines that the move is intended to interfere with the other parent's relationship with the child or to create unnecessary distance, the request may be denied. 

As your legal advocate, I can assist you in articulating your reasons for wanting to move in a way that demonstrates your genuine intentions and showcases the positive impact it will have on your child. Together, we can build a compelling case that highlights the best interests of your child and helps you navigate the legal process with confidence and clarity. 

The Impact of Relocation on Child Custody and Visitation Arrangements

Relocating with children after a divorce can significantly impact existing custody and visitation arrangements. If the other parent has regular visitation rights, a move can make it more difficult to maintain consistent contact. Therefore, the court will consider the impact of the move on the child's relationship with the non-moving parent. As an experienced family law attorney, I can help you understand how your proposed move might affect these arrangements and work with you to develop a new visitation schedule that accommodates everyone involved.  

If a relocation is approved, it's often necessary to modify the existing custody and visitation order. This modification process requires another court hearing where both parents can present their arguments. It's crucial to have knowledgeable legal representation during this process to ensure your rights and interests are protected. I provide comprehensive legal representation for clients going through this process, advocating for your interests and helping you through the complexities of the legal system.  

Seek Trusted Legal Counsel

Relocating with children after a divorce in California is a significant decision that requires careful consideration and legal guidance. At the Law Office of Shelly Jean John, I am here to provide the support and guidance you need during this challenging time as your dedicated family law attorney. My goal is to help you make decisions that prioritize the best interests of your children while protecting your parental rights. In addition to Ontario, California, my firm also proudly serves clients in San Bernardino County and Riverside County.