Picking up your life and moving on after a divorce in California sometimes means literally moving. Perhaps you did not get the house in the divorce or you had to sell it. Maybe you can just no longer afford to live in the home you had during your marriage. In any case, having to move is a difficult decision to make. It is made especially harder if you need to move a distance away or out of state. Since you are now divorced and your children’s other parent has legal rights to see them and be in their lives, you must consider this before you move.

The California Courts explains that you may be able to move, but you should also understand the court may not allow you to move out of the area. It depends on the situation as to what the court will order. In addition, the type of custody you have plays a huge role in what happens.

If you have joint custody with the other parent, you will have to prove why the move is necessary. You have to show it will not harm the children and is in their best interests. If you have sole custody, then you do not have to do anything as you have the right to move, but the other parent may object. However, he or she must show why and how the move will harm the children.

The court looks at every situation individually, so there are no hard rules when it comes to a move away custody order. It depends largely on what your custody arrangement is and how this move will affect the children. This information is for education and is not legal advice.