What Happens After the Divorce?
Following your divorce, opportunities may arise that could prompt you to move away from Torrance. Your career might dictate that you away. You may enter into a relationship with someone living in another area. Or you may want to simply be closer to members of your family.
Whatever your reason for wanting to relocate, doing so becomes more complicated when you have children with your ex-spouse. Many in your same situation have come to us here at the Law Office of Stuart E. Bruers asking what legal protocols one should follow prior to moving. The answer to that question can be equally as complex.
When you have sole custody of the kids
California does not have an established legal standard dealing specifically with the issue of parental relocation. Rather, state family courts tend to render rulings on the matter on a case-by-case basis. Per the website for the Judicial Branch of California, if you have sole or primary physical custody of your kids, the law does not stand in the way of you wanting to relocate with them. In such a situation, your ex-spouse typically has to show that doing so would be harmful to the children. Their objections likely would not prevent you from moving; rather, the court would review the need to potentially modify your custody agreement.
If you share custody with your ex-spouse
When you have shared custody with your ex-spouse, the law may require the opposite. You must show the court that your reasons for moving are legitimate (and not you potentially trying to impede your ex-spouse’s contact with the kids) and that the move can happen without needing significant changes to your current custody arrangement.
You can find more information on dealing with child custody issues throughout our site.