Full question:
My husband and I are in the middle of a divorce in the state of California. We moved out here for his job several years ago. I will retain custody of the children and no longer wish to live here. My family resides in another state and I would like to be near them for their support for both me and my children during this time. Will I be able to move, or am I forced to live here?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: California
Answer:
During a divorce, if the custodial parent wishes to move, the non-custodial parent can object. In California, the courts will decide if the custodial parent can relocate based on several factors:
- Will the move benefit the child's education or community?
- Is the custodial parent's motive to harm the non-custodial parent?
- Is the non-custodial parent's objection motivated by a desire to harm the custodial parent?
- Can the non-custodial parent maintain significant contact with the child after the move?
- What has been the nature of the non-custodial parent's involvement with the child?
If the non-custodial parent has been actively involved and maintains a close relationship with the child, the court may deny the move. Additionally, the court will consider how the move affects the child's relationships with grandparents and other important figures in their life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.