attorney Dahann Bowers

Experienced, Empathetic Family Law Support In Escondido

Relocating After A Divorce

Last updated on November 19, 2024

Relocating after a divorce is a complex issue when children are involved. In California, the legal term for relocating with a child after divorce is “move-away” and it is governed by family law. The primary concern in these cases is the child’s best interest.

When one parent wishes to relocate with the child, they must first seek the approval of the other parent or the court. If parents cannot agree on the move, the parent wishing to relocate with the child must file a request with the court for a move-away order. The court will then consider several factors before granting permission to relocate, including:

  • The state of the post-divorce relationship of the parents (friendly or contentious)
  • Current custody arrangements are already in place
  • The age of the child/children
  • Parents with joint custody showing that the move is in the children’s best interests
  • Distance of the move and how it impacts regular visits with both parents

If the move significantly disrupts the child’s stability and the ability of the nonmoving parent to maintain a meaningful relationship with the child, the court may deny the request. The court will also look at the existing custody arrangement. If the parents have joint custody, the court will scrutinize the move more closely than if the moving parent has sole physical custody. At Dahann Bowers Law I help protect parents’ rights while working to do what is best for the children.

Work With An Experienced Family Law Attorney

Relocation after divorce involves a legal process that balances the child’s well-being with the parents’ rights and desires. If the move is contested, you need the help of an experienced attorney who can provide assistance tailored to your circumstances. At Dahann Bowers Law, I work to help parents with this complicated issue. Reach out to me to schedule a consultation by calling 951-900-4647 or sending me an email today.