Can one divorced party take the child(ren) if they move to another city or state?
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Today let’s talk about what happens when one party of a divorced couple needs to move to another city or state—can they take their child(ren) with them?
We call this a move-away situation; in California, if there’s already a custody arrangement, you’d need a court order to move to a different city or state.
The party that needs to move must file a request with the court to be able to move. The court will then have a hearing to determine whether living with the moving parent is in the child’s best interest. Typically, the parent with primary custody can move away with the child, though the other party can argue against it by presenting evidence as to why it’s in the best interest of the child to stay with them, such as their schooling, extracurricular activities, extended family, and so on.
Sometimes, the court will also order what’s called an evaluation, which is where someone will come to assess the situation to determine what is in the child’s best interest. Ultimately, working out a move-away situation can be daunting for both parties and the child, but it is possible.
If you have any questions about this or other topics related to divorce procedures, don’t hesitate to reach out to me. I’d love to help you.