Can you move away with your children after a divorce?
After your divorce in California, it is a time to rebuild your life. This may include moving away from where you lived as a family. Obviously, making a move will affect your children and the other parent. You will also need permission from the court. If you move without getting the court’s permission, you could face legal issues. So, it is best to know what you need to do to legally move away with your children after a divorce.
The California Courts explain what you need to show in court will differ depending on your custody arrangement. If you have joint custody with the other parent, then you will hold the burden of proof to show why the court should allow you to move the children away from where you currently live. This means you have to show it would be in the best interests of your children because the court always focuses on what is best for your children.
You cannot use a defense that you have to move for a job or you just want to move without also showing it would be a good thing for your children. The court does not usually look fondly on moving a child away from one of his or her parents without a very good reason because the general thought is that children have a right to have both parents equally available and present in their lives.
If you have sole custody of your children, then the burden of proof lies with the other parent. He or she must show why it is not in the best interests of the children to move away. He or she must essential prove it would someone harm the children if you were to move. This information is for education and is not legal advice.