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Divorce is a healthy response to a burnt-out relationship, but when children are involved things can get complicated. For example, child support payments and holiday visits are just the tip of the iceberg for children of divorce; but the biggest obstacle is undoubtedly custody agreements. Figuring out when and where kids will spend the night can be difficult, so what happens when one parent wants to move out of the state?

California Child Custody & “Move-Away” Situations

Child custody agreements are crucial to your ability to move out-of-state with your children.

Some of the laws and ethics of moving with children after divorce:

  • Parents who have permanent orders for sole physical custody (primary physical custody) of their children can move their family out-of-state (unless the other parent can show the court that the move would harm the children).
  • Parents who have joint physical custody must prove to the court that a move is in the best interest of their children.

It is important to note California courts will investigate your actual parenting schedule when ruling on a move. Therefore, while your physical custody label (“joint” or “sole”) will impact your case, the court will typically investigate your children’s actual living situation before deciding what’s best for them.

Talk to an Attorney Today

Every “move-away” case is different, which is why you should talk to a family law attorney about your options. Consulting an experienced California child custody lawyer can help you decide if moving out-of-state with your family is legally plausible.

Call (619) 304-8499 now for a free consultation with Andrea Schneider!

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