Divorce visitation agreements are legally binding. Each parent is accountable for those documents. Both parents must agree upon any variation, including relocating with their kids after the divorce.

According to the California Family Law Courts, parents can change where a child lives as long as they can still uphold the current child custody and visitation agreements, including reasonable transportation to and from visitation locations, and both parties agree with the move.

If a relocation will take the children more than a reasonable distance from the other parent, especially if the relocation will be to another county or state, it is almost always better to draft a new child custody and visitation agreement with a family law attorney to avoid potential litigation from the other parent. 

5 Considerations Before Relocating With Your Kids After A Divorce

If you are found in violation of your child custody agreement, the other parent will almost always have the upper hand in any ensuing lawsuit. 

This list of five things to consider before moving away with your kids after a divorce can help determine whether the move makes sense or is worth pursuing in court if your former spouse is opposed.

Is it in the best interest of the children?

California is a no-fault divorce state. This means that the reasons you divorced your former spouse have little to do with the court’s support of parental rights. While there are exceptions to this, such as a history of substance abuse, domestic violence, or anything else that may threaten a child’s safety, the courts always prioritize the child’s right to have an equitable relationship with each parent.

If the move you are making is not in the best interest of your children but has more to do with your personal best interest, it is doubtful the courts will support that move. Significant evidence must show that your children will fare better in your future destination.

Is your former spouse on board with the move?

You would think that if your ex-spouse is on board with the move, it would be an easy yes. But that may not be the case. The courts listen to kids’ input once they’re 14, and they will not typically support a relocation unless it’s necessary (involuntary job transfer, military relocation, etc.) if they feel your children’s emotional or mental well-being will be compromised by changing schools and starting over in a new location.

However, assuming your children are under 14 and your former spouse is on board with the move, you may be able to relocate without the necessary legal work. In this case, it’s still advised that you use child custody mediation to draft a document outlining the new child visitation agreement, but these don’t necessarily need to be filed with the court.

NOTE: Even if your spouse verbally approves your relocation, always get their approval in writing. This can be a typed and printed/signed paper agreement or an email stating all of the details of the move and anyways it will impact the current custody visitation agreement. In the case of an email, you will want your ex-spouse to reply that they accept all of the terms in your email and are on board with the move. If your ex-spouse gets angry later on and there is no written record of the agreement, you risk being held in violation of the legal custody agreement.

Is this move taking place out of spite?

Again, the best interests of the children are always the court’s highest priority if there is any indication that this move is unnecessary or, more importantly, done out of personal spite, there is no point in pursuing it.

Provide ample written notice to your ex-spouse before relocating with your kids

Deciding to relocate your children, especially if it impacts your ex-spouse’s custody and visitation rights, is a very big deal. They deserve ample notice so they have time to process what this means for them and their relationship with your children and to perform their due diligence if they oppose the decision.

We recommend providing at least 60 days’ notice and no less than 45 days’ notice, which will also look better from the Court’s perspective if this evolves into a child custody lawsuit.

Be proactive in creating a custody and visitation plan for your ex-spouse 

To support your cause, you can proactively create a sample custody and visitation plan that accommodates a similar amount of quality time your children would have with the other parent. 

So, for example, if you are moving more than an hour or two away – where weekend or every two-weekend visits are unreasonable – the new custody plan may involve giving up the majority of your children’s long weekends, holidays, and summer vacations so that the kids can spend significant quality time with their other parent. If that’s the case, think seriously before committing. You may miss having your kids around for those traditional moments and your summer holidays. The new agreement that you created will be a legally binding agreement – which may jeopardize the amount of time you get to be with your kids.

Also, remember that as your children get older and more involved in school and with their friends, this arrangement may be extremely distasteful to them. We’ve had cases where teenage children moved back with the other parent, with approval from the court, because they resent the parent’s decision to move away and want to return to their original community family and friends. 

Schedule A Child Custody Mediation Session At The Law Offices of Gerard A. Falzone

Are you thinking about relocating with your kids after a divorce to a location that would impact a current child custody and visitation schedule? Schedule a consultation at the Law Offices of Gerard A. Falzone.

During this first session, I can review your current custody and visitation order, discuss your move and the reasons for it, and give you an idea of how the courts might decide on your case if your ex-spouse opposes the plan. If your ex-spouse agrees with the move, I can meet with both of you and help you draft a new child custody and visitation agreement that supports your children’s well-being and a healthy relationship with both of their parents.