What You Need to Know About Moving After a Divorce

What You Need to Know About Moving After a Divorce

In many divorce cases, a parent decides to move away with the kids to start a new job or a new life. Whatever the reason may be, when a parent wants to move, difficult decisions need to be made regarding where the children will live and how the other parent will maintain a relationship with them.

Sometimes, divorced parents can agree on where their kids should live and what the visitation arrangements will be. Unfortunately, there are many times where parents cannot agree, which means it will then be up to a court to make the ultimate decision.

Keep in mind, the court does not determine whether the parent can move. Rather, the court has to decide whether the child should move with that parent and, if so, what the visitation arrangements should be.

Sole Custody vs. Joint Custody

The court’s approach to these decisions is based on whether the moving parent has sole custody of the children or both parents share joint custody.

If one parent has sole custody, he or she has a “presumptive right” to move with the child. This means that the other parent has the burden of showing that the move would be detrimental to the child. While the harmful effect the move will have on the relationship between the non-moving parent and the child is important to consider, it is imperative to also understand that this factor alone may not be enough to establish a detriment. If the parent can make the initial showing that the move will have a harmful impact on the kids, then the court will have a hearing to reconsider the custody order and determine whether a change is in the best interests of the children.

If the parents have joint custody, showing a change in circumstances is not required for the court to change the custody order. Rather, the parents come to court on even grounds and the court will hold an evidentiary hearing to make a new custody decision based on the best interests of the child.

How a Westlake Village Divorce Lawyer Can Help

In conclusion, move-away cases are quite complex and hotly contested. Having experienced legal representation is highly recommended if you desire a successful alcohol. With more than 30 years of experience, I, Jeffrey S. Graff, can evaluate your case and determine all of your legal options to obtain the most favorable outcome possible.

For more information, contact my firm and request a free consultation today.

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