Move Aways: What Are Your Options?
You and your spouse have decided to part ways permanently, and now you’re wondering what moves to make—literally.
You’re ready to move on with your life, so why not move to another city or even another state to fully embrace the fresh start that comes with divorce? After all, you may have a better job opportunity in another state, or perhaps you simply want to live closer to your family. Maybe you’d simply like a brand-new climate or lifestyle following your divorce.
All of these reasons are understandable, but if you’re now a co-parent following divorce, what about your child? Are you allowed to move away from the other parent and take your child with you, and vice versa?
Custody and moving can certainly seem like a complicated issue. However, you do have options. Read on for more information about moving away after divorce.
A Look at What Moving Away with a Child After Divorce Involves
Moving away after divorce can unfortunately become a hardship for you or your child’s other parent. That’s because if either parent wishes to relocate, this can make your agreed-upon arrangement for child custody unfeasible. Likewise, if one of you owe child support, this may limit your options.
The family law court will assess the situation and determine if your moving away after divorce would prejudice your child’s welfare or rights. Also, the parent who will stay put is responsible for proving that your moving away with a child after divorce would have a negative impact on your child. In the end, the court has the right to select the parenting plan whose terms are in your child’s best interest.
A Closer Look at What the Court Examines When It Comes to Moving Away After Divorce
When the court is tackling the issue of custody and moving, it is not focused on punishing or rewarding you or your ex-spouse for your past conduct. Yes, the court may certainly look at your previous conduct, but it will do this only if it has relevance for your future child custody arrangement. After all, as mentioned earlier, the court’s ultimate aim is to achieve an arrangement that is your child’s best interest.
If the court determines that your moving away after divorce would harm your child’s relationship with the other parent, then the court might change the custody situation to avoid impacting this relationship. The court will take into consideration not only the child’s best interest but also how far away you are moving, how old the children are, and the child’s relationships with both you and the other parent.
The court will also take a look at your relationship with the co-parent. For example, do you work together cooperatively and communicate well? And are you willing to put your child’s needs and interests above your own interests? Also, if your child is older, what are his or her wishes? The court will also want to know why you are interested in moving and how much you currently share custody.
Receive Legal Help Today If You Are Thinking About Moving Away After Divorce
Because the issue of child custody and moving can be complex, it is critical that you contact a seasoned San Diego divorce lawyer who has experience dealing with cases involving child custody and divorce.
An attorney’s guidance can be invaluable if you are a parent who is interested in relocating. After all, you may understandably feel the need to move to improve your life, but at the same time, you don’t want to lose custody of the children.
Likewise, an attorney can pursue your best interests if you are a parent who is staying put and disagrees with the other parent’s decision to move. You may be concerned that your co-parent’s sudden decision to relocate will mean that you’ll go from seeing your child every other weekend to twice a year on the holidays, for example.
Either way, I, attorney Michael C. MacNeil, will vigorously present your particular position and push for the most personally beneficial and just outcome given the circumstances surrounding your divorce.
Get in touch with me today to set up a consultation and start tackling your custody and moving matter with confidence.