Life will indeed go on after your divorce in Manhattan Beach. That may eventually lead you to want to move away from the area to pursue other relationships or professional opportunities. One thing that could potentially complicate a relocation, however, is your custodial situation. Many in your same position have come to us here at Rombro & Manley LLP asking how they can make a move work while still maintaining their current custody arrangement. The answer to that question depends on the circumstances of each individual's custody case.
You are right in assuming that you cannot just move away with the kids; you need to provide both the court and your ex-spouse prior notice. Yet according to The Judicial Branch of California, if you have sole custody of your kids, then you do not need to explain your reasons for wanting to relocate. Rather, the burden falls to your ex-spouse to show the court why relocating would be bad for your children.
If, however, you and your ex-spouse share custody, matter become a bit more complicated. If your ex-spouse opposes the move, then you must show the court why you should be allowed to move without having it drastically impact your custody schedule. Again, the best interests of your children is what the court will consider above all else, and not your own personal desires.
One important point to remember is that in such disputes, the court looks at yours and your ex-spouse's parenting time at the current time when making its determination. If your custody agreement shows you have joint custody, yet your ex-spouse frequently skips time with the kids, the court may determine that you actually have sole custody. More details affecting parental relocation can be found be continuing to browse through our site.