Can I Move Away If I Share Custody with My Ex?
Divorce is usually accompanied by a significant amount of change. How that change will affect your future isn’t always immediately apparent when you’re in the middle of divorce proceedings. Once things have settled a bit, you’ll likely face very real questions about what your future holds. Many people find that divorce necessitates a major move, and they often question what this will mean for their custody arrangements. The issue can be complex, but the good news is that legal help is available.
Make Your Move Less Stressful
When you share custody of your children with your ex-spouse, moving away from that ex can be challenging from a legal perspective. In fact, the laws pertaining to move aways are complex. If your ex is not on board with your move, it’s in your and your children’s best interest to consult with an experienced family law attorney who can help ensure that your plans go smoothly.
How Child Custody Affect Your Ability to Move
How complicated your decision to move will be depends on the kind of custody you share with your ex-spouse:
- If you have primary or sole physical custody of your child or children, there oftentimes is a presumptive right that you can move away with the minor child or children (depending on what the final custody order or judgment provides), but oftentimes it still requires consent from the other parent. If no consent is given, a petition to move-away is filed with the Court and the presumption favoring your move shifts to your ex to prove “detriment.
- If your children live with you most of the time and you are preparing to move, it’s important that you realize it’s not always clear whether a child custody order is temporary or permanent. A family law attorney can explain and help you explore your options.
- Joint physical custody can be much more complicated, especially if your ex disapproves of your plans to move. In such a case, you will be obligated to convince the court that your plans put your children’s best interest first.
The parenting plan drawn up in your divorce will address the way that you and your child’s other parent share custody, and it is modifiable under certain circumstances. In addition, courts will look to the parenting schedule that you and your spouse are actually using if it is different that the schedule set out in the parenting agreement.
If You’re Considering a Move after Divorce, Contact an Experienced California Family Law Firm
Moving with your children after going through a divorce can be a difficult legal process, and a California family law attorney can help. The family law attorneys at Razai & Nefulda, APC focus exclusively on providing outstanding family-law services throughout Orange and Los Angeles Counties. If you are preparing to move on with your life and need legal counsel or are simply looking for additional information, contact Razai & Nefulda, APC today for a free consultation at 714-663-9900.