Relocation becomes an issue when you have physical custody of your child after divorce, but the co-parent also shares legal custody. It is still possible to relocate with your child, but you must follow the set procedure under California law. You can agree with the co-parent and have it approved by the court or seek the family law court’s permission for relocation.
When does the Court Allow Child Relocation?
Following your divorce, the prime interest of the family court is to uphold your child’s best interests at all times. The court will hear the viewpoints of both parties, look at the evidence, and then decide whether relocation serves your child’s best interests. To determine this, the court will evaluate whether the potential benefits of relocation for your child significantly outweigh the emotional advantage of staying in physical proximity to both parents.
If the other co-parent has minimal interaction or involvement in the child’s life anyway, it could be more accessible to convince the court to let you relocate. But you will require evidence to demonstrate these facts if the other party opposes relocation. Be prepared to get legal counsel from an experienced and compassionate California child relocation divorce attorney so your arguments and evidence can be effectively collected and presented before the court.
Plan Ahead of Time if You are Considering Relocation
If you are planning to request the court to relocate with your child post-divorce, you can increase your chances of success by preparing ahead of time. To begin with, start keeping a written record of each time the co-parent physically meets the child.
If physical meetings are few and far between, and you alone have been involved in your child’s education, extra-curricular activities, and even visits to the doctor, make sure you keep detailed notes and doctor’s receipts, etc.
The court may be inclined to rule in your favor for relocation if it finds that phone calls and video meetings can serve the purpose of the co-parent’s time sharing. Also, showing the court any evidence that the co-parent cares less about the child’s safety and emotional well-being will strengthen your case.
