Can I Move Out of State With My Kids During My Divorce?

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.