When it comes to divorces, it is not uncommon for one parent to end up relocating after the final agreements have already been made. Whether six months or six years after the divorce is completed, parent relocations can be very complex matters that require the assistance of a skilled San Diego family attorney.
The reason for the divorce relocation does not matter when it comes to the court system. What does matter is which parent already has custody and how the new arrangement will affect the other parent’s visitation rights. Your right to move will depend on your existing custody agreement and whether the children will be moving with you. If you share custody with your spouse, you will need to obtain the permission of the court or from the other parent in order to move with the child. If the other parent will not grant you permission to move with the child, you will need to speak with a San Diego family lawyer and work to obtain custody through the courts.
If you have sole custody of the child, you will usually be allowed to move with the children without any legal permissions. However, if the other parent can demonstrate the move will harm your children, this right may be revoked. If your ex can even prove they have gone through a significant change of circumstances from the time they were originally not granted custody, they may even be able to obtain custody of your children.
If you would like to move without your children, it does not matter who has the custody at this time, you can always move. However, by doing so, you may require a modification to the parenting plan or forfeit your visitation rights altogether. If you want to keep the right to visit your children, it is important to speak with a San Diego family lawyer before you make any preparations for moving.
When you do not have custody of the children and want to prevent your ex from taking your children, you will also need to speak with a San Diego family attorney to discuss your options to prevent the move.
Whatever your specific circumstances in a divorce relocation situation, please call Garwood Family Law and Mediation.