Taking Child Out of State after Divorce – Can my ex do that?
San Diego family law attorney, Sarah T. Schaffer, CFLS represents both California and out-of-state residents in divorce and child custody matters. We understand the intricacies of the overlapping laws relating to divorce, child custody, and family court order modifications. At the Schaffer Family Law Group, APC, we can help you come to terms when one spouse is considering taking child out of state temporarily or for a permanent relocation.
In California law, it is clear that a custodial parent must provide in writing their intention to move out-of-state with their child. The law requires that such notice shall tb submitted 45-days before and out-of-state move. The non-custodial parent can object to their child moving out of state by filing an objection with the courts.
Taking Child Out of State / Move-Away Custody
Before a parent with a custody-sharing agreement can move out-of-state with his or her child, the move away must be approved by the Court. Several factors are considered, including:
- The reason for the move;
- The distance away from the other parent;
- The impact on the child;
- The relationship between the parents; and, the parents’ ability to coparent.
Learn Your Options – Whether you are looking to move with your child, or you wish to prevent your child from moving out-of-state with their other parent, we can explain your legal rights and options.
During a divorce or following one, many ex-spouses move out of state for emotional-support or cost of living reasons. This is both common and expected given the cost of living in California and the added burden of one household now two households and the increased costs therein. As San Diego family attorneys we can represent non-California residents in their California legal proceedings.
If you are a parent who is dealing with a child custody issue, and your child is living in California with his or her other parent, we can do whatever is needed to assist you. Similarly, if you are living out-of-state but are involved in a California divorce, we can help.
Contact a San Diego County Family Law Attorney
Contact a San Diego County Family Law Attorney at Schaffer Family Law Group, APC to schedule a strategy session to discuss your issue at (858) 509-7907.