A divorce is much more than just the end of your marriage. The issues addressed in your divorce will change the rest of your life and impact everyone you care about.
Sometimes circumstances happen after divorce that requires the primary custodial parent to move to another city or even another state. This is a particularly delicate issue when faced by divorced couples who have children and a custody order in place.
In some cases, the distance that one parent desires to move would make the existing order unreasonable to follow.
Some reasons include a job transfer, new career opportunity, education and health issues. The non-custodial parent may object to such a move because it may be difficult to sustain a good parent-child relationship or he or she may doubt that the relocation is best for the child.
In order to make this move, the relocating parent must obtain written consent from the other parent prior to the move. This document must state that the non-custodial parent agrees to the relocation and, in addition, must detail the visitation rights for the non-custodial parent. Once this takes place, the court must approve the proposed relocation.
When you obtain court approval the court takes into consideration:
- The age of the child
- The reason for the move
- The educational resources
- The emotional needs of the child
- How close the new location is to other family members
- Availability of medical care
- The degree of involvement of the non-custodial parent in the child’s life
- Depending on the age of the child, his or her preference
If you find yourself in this situation and have questions, contact the Orange County family law offices of Amy M. Montes to review your specific situation and discuss your rights and options.
We recognize the impact that relocation can have on the most important thing – time with your children. Our team will work with both the custodial and non-custodial parent to help them make the best decisions possible.
