Life is constantly changing, and just because you're in the middle of a
divorce, it doesn't mean that other big things won't happen in your life.
If you have children, the concept of uprooting the family and moving to
another state during your divorce may sound ludicrous, but sometimes such
a move is plausible.
For some spouses, their mother or father in another state has a medical
emergency and need round-the-clock care. Sometimes these mothers and fathers
fall ill with a life-threatening disease such as cancer.
Other times, the divorcing spouse has a job transfer, or they receive a
job offer they can't refuse. But, what if one of these things happen
and you're in the middle of a divorce? Can you just up and move to
another state and bring your kids with you? Not so fast.
You Have to Play By the 'Rules'
When a legal separation or divorce action is filed in court, automatic
orders are issued that bar both parents from taking the kids and moving
out of state without a court order. If a custody order is already in place
and one of the parents wishes to move out of state with the kids, new
orders must be made.
If you want to move with the children and you're soon-to-be ex swears
that he or she won't let you, you have no choice but to go to court.
You'll attend a hearing where the judge will decide whether moving
would be in the best interests of the children, or if they should stay
behind with the non-moving parent.
As a parent, you must tread lightly with a
move-away case. If you are on either side of this issue, we urge you to
contact a Los Angeles
child custody attorney from Claery & Hammond, LLPfor advice.