San Jose Divorce Lawyer: Divorced Parents and Moving

San Jose Divorce Lawyer

If you are considering any move to a new home, you need to be fully informed about your legal obligations. It does not matter if you are the custodial parent or not; you will need to notify the courts and your former spouse about the move. Failing to do so will be considered a violation of the custody agreement at best. If you move your children out of the state, you can even be charged with kidnapping.

Requesting Permission

The first step in moving is to file a request to move with the court responsible for your child custody arrangements. You must do this at least 45 days before the proposed move. The judge will consider a few variables when deciding you give you permission: your reason for moving, and the effect this may have on your children.

Acceptable reasons to move include work assignments or a job search, among others. The most common unacceptable reason is an attempt to isolate the child from the non-custodial parent, or simple animosity towards one’s former spouse. Permission to move is generally granted, but the judge may deny it if he or she is convinced that a relocation would hurt a child’s relationship with either parent.

Domestic Violence: A Special Case

People who are leaving abusive relationships often make plans to move out of state, generally to live with family or friends. If you are in this situation, you should be aware of the legal risks involved in taking your children with you. Accusations of abuse do not automatically change the fact that you can be charged with kidnapping for taking your children out of state.

If you need to take your children out of a dangerous situation, your best option may be to find somewhere to live within California, even if that means going to a shelter. Filing for a restraining order can also help protect you and your children.

Contact a San Jose Family Lawyer

If you or your former spouse is planning relocation, contact the offices of San Jose family lawyer Daniel Jensen at 408-296-4100.