After a divorce, it is not uncommon to want to start your new life as soon as possible. If this involves a relocation and there are children involved, you will want to carefully consider how it may impact their lives. Will they feel like they are being uprooted from life as they know it? What about your ex? Will he or she be agreeable, or fight back against a plan to move away, and take the children with you?
Our firm has a long track record of providing legal help for families, so we understand the stress and anxiety associated with child custody issues, as well as the legal obstacles you may encounter. Before you begin packing your bags, there are several issues to consider regarding relocating with your children:
1) Will the Move Help Provide Financial Stability for the Family?
When relocating children after divorce, one of the key issues is whether the move will help provide financial stability for the family. Do you already have a new job lined up? Will you be making more money (above and beyond whatever child support and alimony you may have been able to negotiate during your divorce proceedings)? Is the cost of living in the new location lower?
2) Will Moving Provide You and Your Children with a Better Support System?
The relocation of children after divorce can have significant benefits, such as having grandparents, aunts, uncles and other relatives nearby. Family members are often able to provide support such as child care or even a place to live during the period of transition.
Some advantages to moving to a new location can include:
- Family in the area
- A highly-rated school system
- Better after-school and extracurricular activities
- Community ties
3) Have You Considered the Emotional Impact a Move May Have on Your Children?
Change can be difficult for children, particularly after a divorce. Talk to you children, let them tell you how they feel. Address their concerns, and include them in your decisions and plans. Maybe the move will offer them new opportunities. Make sure they understand moving won’t have a major effect on the relationship with their other parent.
4) Is There a Parenting Plan in Place That Will Allow Your Ex to Maintain a Close Relationship with Your Children?
If you are planning to move, the current parenting plan will need to be modified, either through an agreement reached in mediation or in court. Work together to create a parenting plan that will allow your ex to maintain a close relationship with your children if at all possible. Your ex will appreciate it, and so will your children. If your divorce was particularly contentious, your ex may challenge any change, no matter how positive, so be prepared for that eventuality.
5) Are You Prepared to Prove Your Case If Your Ex Should Try to Object or Contest the Move?
Depending upon your situation, you may need to defend your decision to move away. With the help of a child custody attorney, you can gather the documentation you need to prove that your move and relocation of your children after divorce is in their best interests.
Need Help with Relocation of Children After Divorce? Contact Gastelum Law.
California Courts do not have a cookie-cutter solution for all move away situations. New York Courts deal with the same problems — it is a “grey area,” and each case is decided on its individual merits. The quality of your attorney could not be more important in any matter involving child custody and relocation. Every case is different.
Contact a California and New York family law attorney from the Gastelum Law today. We would be happy to sit down with you to discuss your case and advise you. You can be confident we will do everything possible to help you get your legal issue resolved in your favor — we know what the court needs to hear to come to a positive decision about a relocation. Call now.