Divorce is notorious for being stressful and overwhelming. Sometimes, moving away to a new city, county, or state and getting a little distance from one's ex or their old life is exactly what's needed to begin the next chapter of a divorcée's life.
Whether a divorcée wants to move away because they need a change of scenery, or because they want to be closer to family, or take that job offer that they couldn't turn down, if they share custody with their ex, moving may not be that simple.
Can I move away with my kids?
Parental relocations, otherwise known as "move-away" cases are complicated as the laws are constantly changing. If you want to move away with your children, you should contact a Los Angeles divorce attorney at Claery & Green, LLP as soon as possible.
Generally, if a parent has sole physical custody (primary physical custody), they can move away with their children if they want.
On the other hand, if the parents have joint physical custody and one of the parents does not want the children to move, then the parent who desires to move must be able to show the court that the move is in the best interests of the children.
If you are having a dispute with the other parent, the court will look at the actual parenting schedule at the time of the proposed move, as opposed to relying on what the two of you initially put in your parenting agreement.
If you are worried that the other parent will contest a move, or if you are contesting a move, or if you are divorcing and think you may want to move one day, be sure to talk to an attorney from our firm so we can protect your rights as much as possible.