Child Relocation

After a divorce, many people feel the need to relocate. Whether for personal reasons or to begin a new career, a change of scenery can be a healthy transition for someone still dealing with the emotional effects of a divorce.

Although a move can be positive for an adult, being uprooted or required to maintain a long-distance relationship with his or her other parent can be extremely difficult for a young child. Having worked with countless families through the divorce and family planning process, we at Miller & Associates believe that it's important to consider the best interests of the child when making any decisions related to relocation.

Our Lawyers Can Guide You Through The Relocation Process

A primary consideration when addressing moving a child out of state is whether the parent wishing to move is the custodial or noncustodial parent. In most cases, the courts are disinclined to permit a significant move if it disrupts the abilities of both parents to maintain strong parent-child relationships. Each case is different and the circumstances of your relocation may warrant a modification that deviates from the normal criteria.

Some important things to consider when planning to relocate or if you wish to prevent your former spouse from moving with your children include the following:

  • Consider the reasons behind the move. Is it out of spite? Anger? Or because a change would genuinely benefit your children?
  • Plan ahead. The more notice you can give, the better your chances for receiving approval.
  • Start structuring a plan that will allow your children to spend ample time with both parents — this may include longer stays over summer vacation or other holidays.
  • If you are the noncustodial parent, maintain an active role in your child's life by participating in functions such as events in your child's school.
  • Don't wait to voice your dissatisfaction, take immediate action by contacting an attorney.
  • Keep a cool head. There is no reason why you can't reach an agreement with your former spouse that saves both of you from having to wrestle matters in court.

Simplify Matters By Working With Our Family Law Attorneys

To learn more about relocation, gathering consent and other matters relating to child custody, contact our Rocklin/Folsom law offices by dialing 916-780-0848. You may also send us an email via our online contact form.