The end of a relationship often brings many changes. While some are easy to assimilate, others might be more difficult and even involve legal issues. As some California parents might discover, that includes the possibility of relocating with children after a divorce.
Since the children’s best interests are the standard by which courts make decisions regarding child custody and visitation issues, relocating with children after divorce can be complicated. In some cases, the court will immediately support the idea that it is in the child’s best interest to experience as little change as possible after his or her parents end their marriage. This means that the parent doing the relocating will need to convince the court of the benefits for the children for relocation, including possible schools and activities for them. Additionally, the individual who wants to move should have a plan to make visitation with the other parent more convenient and for how often these visitations can happen. On the other hand, the parent who is trying to prevent the move will need to prove why the move is not beneficial for the children.
During this type of dispute, courts will consider several things, such as how old each child is and his or her maturity level. If the children are older, the judge might speak with them to find out where they prefer to live. The court might also consider if the move will improve the kids’ quality of life. Finally, courts will look at the distance between the new and old home, preferring a shorter distance to a long one.
Understanding child custody can be challenging. Parents who are negotiating custody issues can speak with a family law attorney for an explanation about the state legislation regarding custody as well as support during meetings with their ex and court appearances.