What If I Need to Move During my Divorce?

Often times, one parent stays in the marital residence while the other parent moves out, but what if you cannot afford to live in San Diego? Or your job transfers you to another state? If a dissolution action has already been filed, you are not allowed to move the children out of San Diego County without a written agreement between the parties or a Court Order.

You will need to file a Request for Order asking the Court for permission to move away during the divorce proceedings because the Court has jurisdiction over the children. The Court cannot restrict your right to travel (or move) but it can restrict your ability to take your children with you away from the other parent.

The Court takes into consideration a lot of factors when presented with a move away request. It is the moving parent’s burden of proof to show that the move is in the children(s) best interest. Here are the factors the Court will consider:

  1. Reasons for the proposed move;
  2. Children’s interest in stability and continuity of care;
  3. Distance of the move from the other parent;
  4. Ages of the children;
  5. Wishes of the children if old enough to express preferences;
  6. Children’s relationship with both parents;
  7. The children’s ties to their current community;
  8. The children’s health and educational needs;
  9. Children’s existing time with each parent;
  10. Relationship between the parents;

It is important for the children involved that the Court considers all other relevant factors and will most likely have an evidentiary hearing on this matter if the other parent is very involved in the children’s lives as well. You will need to weigh all your options and be sure that it is in the children’s best interest to move with you. It is crucial that you have good representation whether you are the moving parent or the parent who is seeking to keep the children in California. Call Cage & Miles, LLP to speak to an experienced family law attorney today.

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