Relocating After A Divorce

One of the most challenging elements of a divorce is that there may be hurdles to overcome after your family law case has been concluded. During the divorce process, you had to resolve any issues connected to physical and legal custody. Even if you and your former spouse ended up with 50/50 custody, one person could still be listed as the primary custodian. If the child lives with you the majority of the time, then you are the primary custodian by default.

You must know which parent holds this title. In terms of whether a parent can move away with your child, being the custodial parent may give someone an advantage in court. 

California Laws on Relocation 

A custodial parent may have an advantage because they are allowed to move with the child. When it comes to how a court makes decisions regarding children, they act in accordance with what is in the child’s best interest. We will discuss that further in a moment, but you should know that you have to be notified if the custodial parent intends to relocate. They must provide you with a written notice of their intentions if they plan on moving with the child to another location for 30 days or more. Secondly, you must receive this 45 days before they plan on moving.

Changes in Custody

Post-judgment modifications are usually a result of a significant change in circumstances. For example, spousal support was established before your divorce was finalized. When someone experiences changes in their financial status, spousal support could be altered. The same goes for child custody. Moving may constitute a significant change in circumstances and may allow you to petition to become a primary custodial parent. 

As mentioned above, a change in custody will only happen if it is in the child’s best interest. What determines “best interest?” The factors surrounding the move will be considered and why it is happening. Is the custodial parent moving because they want to or need to? For example, relocating because of a new job is common. Will the move impact your ability to see and communicate with the child? A court may also look at the relationship you have with your child and the degree to which the move will harm it. 

The Grey Legal Group, APC

As you can see, the details of your unique situation are paramount in determining how you and your attorney can challenge the custodial parent’s desire to relocate with your child. To speak with an attorney about your specific situation, contact The Grey Legal Group to schedule a consultation. We look forward to helping you navigate one of the more emotionally challenging elements of the divorce process.


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The Grey Legal Group

At The Grey Legal Group, we believe in helping all families with their legal needs so they can be protected on your journey back to a calmer, happier place of stability. Whether it is divorce, child custody, guardianship, domestic violence, or adoption, we have seen it all before and we can help you through it. With the legal knowledge and experience we bring to the table, we will be certain to find the best and most efficient solution to your situation.

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