Relocating with your kids

On Behalf of | May 5, 2020 | Child Custody |

Life does indeed go on after a divorce in Rocklin, and for many of our past clients here at Miller & Associates Attorneys LLP, part of that includes opportunities to relocate to new areas. Often such opportunities offer the promise of career advancement; others may arise as part of a new relationship with a new partner. Whatever the reason, is it perfectly understandable for you to want to move away.

Yet can you take your kids with you, or will such a decision jeopardize your current custody agreement? The answer to that question depends largely on your current situation.

Determining your custodial position

According to the website for the Judicial Branch of California, if you have primary or sole custody of your kids, the court will generally allow you to relocate without mandating major modifications to your custody agreement. Sole custody is not defined by a majority of time, but rather by legal designation. Thus, while the kids might spend more time with you than with your ex-spouse, that may not necessarily mean that you have primary custody. If, however, the court granted you the authority to determine your children’s primary residence in your divorce agreement, that typically means you have sole custody.

If you and your ex-spouse share joint custody of the kids, you need to show the court why relocating would benefit the children in order to avoid your custodial time being drastically impacted.

Avoiding the issues that come with relocation

There may be a way for you to avoid any potential issues that may arise from your desire to relocate. Presenting your plan to your ex-spouse in advance gives you the chance to work with them to come up with an amended custody schedule together, which the court will typically accept. You can find more information about amending your custody agreement throughout our site.