If you are a divorcee with primary custody of your child, you may be wondering whether or not you can take your child out of state. It is summer, and many parents believe that if they are going to make plans to move, it is best to do this while the child is not in school. This makes the transition easier as the child will be able to start the new school year at a new location, as opposed to switching mid-year. California family laws normally don't allow children to be removed from the state of his or her domicile without prior approval by the court or the judge who awarded custody.
This means that if a custodial parent moves a minor child out of the state against the wishes of the non-custodial parent and without permission from the courts, the court can sanction orders of contempt. Normally the court is much harsher on permanent moves than they are in cases concerning a vacation.
Court orders may include a change of domicile provision which demands that a custodial parent not move the minor child from the state without prior approval of the court. The court's main concern is that the relocation will deny the non-custodial spouse access to the child. If parties agree to a change of domicile and sign a consent agreement, then the court will most likely approve the order.
If both spouses cannot agree on a change of domicile, they can proceed by contacting the other party to reach a consensus. The parents can also attempt to resolve the matter through mediation or may use another form of alternative dispute resolution to come to a conclusion. Lastly, the parent may choose to file a petition for a court to consider the relocation and make a decision that is in the best interests of the child. If you want more information about relocation and your child post-divorce, don't hesitate to contact a Los Angeles divorce lawyer at Claery & Hammond today for clarity!