Child Custody Laws: Moving to a New State with Your Children

Following a divorce, child custody case or other family law matter, a parent may decide to move with the children to a new state. While this may seem like a relatively simple task, particularly if you are no longer married, moving to a new state with your children has several restrictions and legal obstacles. You cannot simply pack your bags and leave. Child custody laws in California require that you notify the other parent if you plan to move out of state with your children. Both parents have rights, and your ex may or may not agree with your plan to move away.

California Law and Moving to a New State With Your Children

Under California Family Code §3024, unless a change of residence has been included as part of a custody agreement, the court may require that the custodial parent notify the other parent when planning on changing their child’s residence for more than 30 days. Notification must be made no later than 45 days prior to the intended move and must be done, “by mail, return receipt requested, postage prepaid, to the last-known address of the parent to be notified.” This allows the other parent sufficient time to contest the move, request mediation, or seek a to modify the existing custody order and gain physical custody.
Never make plans to move away with your children without looking into the legal issues that could affect you. The main issue is to avoid having the court decide that physical custody should be transferred to your ex. Talk with a family law attorney before making any plans.

Steps to Take Prior to Moving Your Child Out of State After Divorce

Before you begin any plans to move your children out of state after a divorce, certain steps must be taken if you want to improve your chances of a smooth transition, and an approval for a child custody modification:.

• Take the time to confirm that your move is not only in your best interests, but that it is in the best interests of your child and will provide greater stability, an improved financial situation and security.
• Make sure the existing custody agreement allows you to move.
• If your agreement does not cover you taking your child out of state, you will need to get a move away order agreed to by the other parent of your children.
• If your ex is contesting the move, contact an attorney to find out about meditation or legal options to seek the court’s approval for your relocation.
• Talk to your children. Get them onboard with the move. Discuss any concerns they may have about the impact on their relationship with the other parent.
• Speak with your attorney and confirm that all of the necessary legal issues are addressed professionally. The quality of your child custody lawyer could not be more important in these cases.

Contact a Pasadena Family Law Attorney for Legal Assistance

Are you a Pasadena resident who has recently divorced or been involved in a child custody dispute, and now want to move out of state with your children? These issues are decided on a case-by-case basis, and a persuasive and professional presentation of your case to the court could not be more important.
With the help of a Pasadena family law attorney from The Law Office of Richard S. Jacinto, Inc., everything possible will be done to get your move settled in your favor. Call us now to discuss your case.