Protect Your Children’s Best Interest During Relocation After Divorce
At William H. Sams, Attorney at Law, I answer questions every day about relocating out of the area with a custodial child.
After a divorce, the new ex-spouses are typically looking forward to moving on with their new lives. This can mean that one or both of the ex-spouses would look to relocate. This is not normally a problem, but when there are children involved, things become complicated. California joint-custody agreements typically specify how far away a parent can move without notifying a court or amending the agreement.
No matter whether you are looking to relocate, or if you are the ex-spouse, here at William H. Sams, Attorney at Law, I can help you fight to achieve your goals for the best interest of your family. It is important to know what actions the court will allow, and what an ex-spouse is allowed to do. Let my experience help you from either side of the issue.
How We Help Uphold The Agreement
While the custody agreement in your divorce likely specifies how far either of you are allowed to move away without disrupting the wellbeing of your children, that does not mean that your ex-spouse will obey it. Many times, an ex-spouse will simply move away without amending the agreement, or alerting the court. This kind of behavior is unacceptable, and can jeopardize your relationship with your children, as well as their wellbeing.
If your ex-spouse properly notifies you and the court about their relocation, you still have the option and ability to fight this relocation. We can help you explain your side of things to the court, and help them understand that this potential relocation is not in the best interest of your children. In the event that your ex-spouse as already relocated, we can help you fight to keep your children where the belong.
Military Deployment And Custody
When one or both divorced or divorcing parents are on military active duty, relocation can often become a necessity due to deployment orders or transfer to a new duty station. Federal law places an automatic stay (stop order) on any divorce or custody legal actions in process at the time of deployment. In short, the deployed servicemember does not have to worry about losing equal access to the court process due to being out of the jurisdiction.
Under California state law, a servicemember who received orders to deploy on a particular future date may petition the court to move up the custody or relocation hearing, in order to assure access to the courts throughout the process. In most cases, judges agree to the request if it can be shown that no hardship will be shown to either party.
Special circumstances often muddy the waters in move-away cases involving active duty military. It is important to have sound, experienced legal counsel advise you of your rights and obligations. Do not assume your branch of service will protect your rights as a parent.
Protect Your Relocation For The Benefit Of Your Family
We also know that there can be good reasons behind your relocation that are for the best interest of your family. If you or your ex-spouse was in the military during your marriage, you may be looking to move back to your hometown after originally relocating for your spouse’s military service, or perhaps you are looking to relocate for your own service or career. In any case, we can help you notify the court and your ex-spouse in a proper manner, and pursue the best possible outcome in your custody agreement amendments to grant you permission to relocate.
Choose An Experienced Attorney To Guide You In Your Relocation Needs
No matter what side of a relocation you are on, I can help you. If you are in the Vista area, contact my office to schedule your free initial consultation by calling me at 760-904-3886, or by emailing me here. There is a specific amount of time before your move that you need to start things, so now is the best time to contact me to begin your preparation.