The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
Free Phone Consultations Available
619-535-0678

CAN I RELOCATE AFTER DIVORCE?

According to California family law, a custodial parent has the right to relocate as long as the court determines that the move is not detrimental to the child. The statute itself does not elaborate on this, but instead leaves the determination to the discretion of the court. If the parent with primary custody of the child wishes to relocate, a judge considers the effect the relocation would have on the child and either grants or denies the request.

WHY MIGHT A PARENT NEED TO RELOCATE?

When a divorce is filed, a restraining order preventing either parent from removing child from the State of California without the other parent's permission automatically takes effect.

A parent might want to relocate for a number of sound reasons, such as a change in their employment situation or an opportunity for the child to enter a better school system. A judge has no set criteria to consider when deciding on an application for relocation, other than taking into account the best interests of the child.

When a custodial parent petitions to relocate, the other parent can allow the move or object to it. In the latter case, the judge sets a date for a hearing and makes a decision at that time to deny or allow the relocation.

REASSIGNING CUSTODY

At this point, a judge might reconsider the issue of custody. If the petitioning parent desires to move and the judge determines that it is in the child's best interest to move, the relocation is likely to be granted. If the judge determines that it is better for the child to stay in the county, the judge might wish to reassign custody to the parent who lives there. The petitioning parent then has the right to either stay with the child or move without the child.

A change of custody is not a simple issue and requires careful consideration by all parties involved. The judge must consider the relationship the child has with each parent and each parent's ability to care for and provide for the child.

If you are considering relocation either during or following your divorce, it is advisable to speak with a child custody attorney in the San Diego area.

No Comments

Leave a comment
Comment Information
Email us for response

Contact Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Discuss Your Case With An Experienced Family Law Specialist

Map Location

The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
591 Camino De La Reina Suite 700
San Diego, CA 92108

Phone: 619-535-0678
Fax: 619-299-0316
Map & Directions