Buckling child into car seat

Can My Ex Relocate with the Children?

After a divorce, you may have to make many more changes to your life. However, if you share children with your ex, some of these changes may become a challenge. If you wish to move, for example, you will either have to work out a new agreement with your former spouse or petition the court with your request. That said, even if you are able to work out an agreement by discussing the matter with your ex, you will still need to go through the right legal channels to seek approval and ensure it is enforceable.

Moving with Your Children After a Divorce

If you are unable to agree on a new arrangement with your former spouse, you will have to take your case to court, where a judge will render a decision that supports the best interests of the children. Family courts believe that stability and consistency are crucial for children, so you will need to prove that this disruption will ultimately create a situation that is better for their overall wellbeing.

Here are some circumstances in which a judge may consider your request:

- A new and better job opportunity presented itself

- Moving will bring you closer to your extended family and they will help support and care for the children

- You are pursuing an educational opportunity

Moreover, your intentions will be examined to ensure that your choice to relocate with the children is not motivated by a desire to drive a wedge between your children and their other parent.

Here are some additional factors a judge may examine:

- The children’s bond with both parents

- If it is practical for the other parent to relocate as well

- How the move will impact the needs of the children

- If moving away will substantially improve the quality of life for both the parent and children

- If moving away will offer realistic opportunities for both parents to remain engaged in their children’s lives

Schedule a Consultation with an Experienced Attorney Today!

If you are planning to relocate with your children, you will need to petition the court for permission. At Family Law San Diego, our family law team is committed to assisting families through some of the most challenging legal matters with successful results.

Reach out to our law office today at (619) 577-4900 to set up an initial consultation and learn more about your legal options and how we can help.