While your divorce may bring with it a certain sense of finality, the reality of the situation is that your association with your ex-spouse may not entirely be over. If you have children together, you will continue to need to coordinate with each other to fulfill the terms of your custody agreement. The events of your life could further complicate matters if they compel you to move away. Many in such a situation come to us here at The Law Office of Lily L. Huang wondering how their relocation could affect their custodial situation. The answer to such a question depends on the unique circumstances of your case.
According to information shared by the Judicial Branch of California, the matter is less complicated if you have sole custody of your kids. In such a case, it would be up to your ex-spouse to show why you moving away would be detrimental to the children. Still, in that situation, the court may ask the you provide both it and your ex-spouse with notice of your intention to move prior to the move actually happening.
If you and your ex-spouse share joint custody, your spouse can object to your proposed and force the court to hold a hearing to discuss the modification of your custody arrangement. In this hearing, you will need to be able to show why moving is in your kids’ best interests. If the court does not agree with you, it likely will not block your move, but rather restructure your custody agreement. A better way may be to inform your ex-spouse of your intentions well in advance so that the two of you can come to revised custody agreement together.
You can learn more about modifying your custody agreement by continuing to explore our site.