What can you do to move with your child after divorce? | Stacy Albelais, Attorney at Law

Stacy Albelais, Attorney at Law • August 26, 2021

After a divorce, it can be normal for parents to find new jobs and new opportunities. After all, living as a single parent, they need to do all they can to make ends meet and to be sure that they are providing for their children.


If you have been offered a new job or would like to complete schooling in a new area or new state, you might be concerned about staying with your child and how your decision could affect your custody arrangements. Since most parents in California share custody, you may find that your decision to move could negatively impact your custody schedule.


If you want to move, can you take your child?

Under some circumstances, you may be able to move and maintain your current custody arrangements with the other parent. For example, if you’ll be moving a half-hour or hour away from where you currently are and you generally have custody time on the weekends, you may still be able to maintain that schedule despite having a longer commute to see your child. The same would be true if you moved only a short distance away, such as into a new nearby neighborhood


In other circumstances, you may need to ask for adjustments to help you see your child as often as you’d like. For instance, if you’re moving to a new area of California to take a better job that will give you more time to spend with your child, you could ask to take your child with you. If the school is better, you have a greater support system and your job will also be better, it may be a good opportunity for your child, too.


You should keep in mind the other parent’s feelings and rights when you look into moving away. In most cases, they will have the right to see your child and may fight against you moving away. It’s helpful if you can both agree on new arrangements. If not, then you may find yourself involved in a custody dispute that requires a court’s intervention. Sit down and talk about the opportunity, so you can decide on what to do with the other parent’s input.


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