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.