Can I Relocate My Kids Out of State During Divorce Proceedings in California?

One of the most difficult hurdles during a divorce proceeding every parent will have to deal with is the one pertaining to their children. Unfortunately, while both parents usually agree the well-being and safety is of utmost importance, oftentimes, they disagree on what is required to keep their children safe.

In some cases, one parent may be faced with the decision to relocate, often out of state, for job needs, to be closer to immediate family, or for other reasons. However, before you make that decision on your own, it is important to understand your rights, as well as your obligations under California’s laws.

Relocating a Child During Divorce Proceedings

If you have been awarded sole legal custody during a divorce proceeding, you can move with your child to any location deemed safe for the child. However, keeping in mind that the other parent may opt to request the court to intervene, particularly if the custody order under which you have custody is a temporary one.

In this case, you should seek guidance from a qualified family lawyer who can help you determine whether your order is temporary or permanent. This could save you legal problems because while you have the right to move out of state, the other parent could dispute that right.

Divorce Petitions and Relocation of Children

Some parents want to move out of state immediately after being served a divorce petition. This is a bad idea – Chances are, your petition also included a restraining order. These orders are called “automatic temporary restraining orders” and they are in immediate effect and prohibit the removal of a child from the state without written consent from the other parent.

If you have physical custody of your child, and the child’s other parent has visitation rights and you have a concern they may consider moving the child to another state, you should speak with your attorney immediately.

Understanding Divorce and Custody in California

The first thing you should do is make sure you have an attorney who understands family law. This is important because you want someone who is going to serve as an advocate for you, and for your children.

Child custody in California can be complicated, and orders awarding custody are subject to modification. However, the basics of custody are:

• Physical custody – this means the child is assigned to live with one parent full time while the other parent typically has visitation rights. Depending on various factors, visitation may be supervised or unsupervised.
• Sole legal custody – this means one parent makes important decisions for the child. This includes where the child will attend school, makes decisions about religious upbringing and other decisions in the best interest of the child.
• Joint legal custody – this form of custody allows both parents to have an equal say in important decisions pertaining to the child’s upbringing.
• Joint physical custody – this can be more complicated than it sounds. Joint custody in effect means the child splits their time between both parents. There are some who believe this form of custody has a detrimental effect on the child, but nonetheless, this is often an agreement reached between parents or assigned by a court.