Traveling or Relocating with Children? How Divorce Impacts Your Mobility

Pleasanton CA family law attorneyThese days, relocating is common among American families. If you’re going through a divorce however, or share custody of your children with the other parent, you might be wondering how relocating works within your set of specific circumstances. This guide offers a quick overview of what to expect. Remember that, for more in-depth discussion and tailored advice, you should reach out to us directly at the White Oak Law.

Traveling and Short-Term Relocation

While travel and other forms of short-term relocation are only temporary, you still need to ensure that you have the approval of the other parent. This is true during the divorce proceedings themselves as well as after the divorce has been finalized.

In general, there are less restrictions on travel than on permanent moves, but you still want to take time to make sure that you are not interfering with a court-mandated visitation schedule. Also, when planning to visit other countries, do note that passports require both parents’ signatures.

Permanent Moves

This is where things can get complicated, and we always suggest that you consult with an attorney before making any major move. Regulations on this are often updated but for the time being, this depends on whether you have sole custody or shared custody of your children.

If you possess sole custody, you are fully authorized to permanently move your children where you wish. That said, remember that the non-custodial parent has the option to bring forth a claim if he/she believes that the move is not in the best interest of the child.

When you and the other parent share custody, then the burden is automatically placed on you to demonstrate that the move is aligned with the child’s best interest. Permanent moves are very likely to impact established visitation schedules, so it is important to work with the other parent if you want the transition to proceed as smoothly as possible.

Consult With a Skilled Family Law Attorney

We hope this information provides you with some answers, and invite you to reach out to us directly to speak with a qualified family law attorney. Call us at the White Oak Law to schedule a initial consultation.