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Sometimes a new opportunity comes up in a parent’s life. This may mean that they will have to move to another city, county, or even state. While it is exciting to have new experiences arise, for individuals that have divorced and have children, the process is not as simple as just moving. In fact, in California, there are specific guidelines in place to ensure that a move is done appropriately and does not negatively impact the child’s life.
If you are wondering if you can move with your child after a divorce, Bez Law Firm, P.C. can provide you with the answers you need.
California Custody Basics
After a divorce takes place, either the parents or judge will need to reach an agreement on where the children will live and subsequent visitation arrangements. These choices should always be made according to the best interests of the child, ensuring that they maintain as much a sense of normalcy as possible.
Typically, one parent will receive majority physical custody, or have the child live with them for more than half of the year. This individual is known as the custodial parent, as they care for the child the majority of the time. Both parents may have legal custody, however, which allows each parent to make decisions on the child’s behalf.
Can The Custodial Parent Relocate?
What if the custodial parent wants or needs to move? Well, they can change their residence or decide to move; however, this must not be done if it risks the best interests of the child. Furthermore, California has requirements in place that state you need to provide written notice of an intended move. If a parent plans on moving away with a child for more than 30 days, a notice will need to be provided at least 45 days prior to the planned move.
After giving appropriate notice, parents will have the ability to work out a new custody plan or arrangement. Or, if the parent that is not moving does not agree with the relocation, they can take action and request a custody modification in their favor.
Moving in California? We Can Help With Custody
If you are planning on moving but have a custody agreement in place, an attorney can help you navigate the process. We can help ensure that you have appropriate notice in place, and help you and your ex-spouse work out a new proposed custody arrangement that serves the best interests of your children.
Need legal assistance in California? Contact us at (916) 512-8944 for a consultation.