Should I Move My Children Out of the State?

The aftermath of a divorce can be confusing, especially if you have children. Your natural inclination
may be to move on, but if you have children from your marriage, moving away may be impractical or downright
impossible. Complicating the matter further is the possibility that you may not be able to move even
if you wanted to, since the court has final say over whether or not you can move your children out of
the state if another other parent lives there.

If you or someone you love is going through a divorce and is wondering about their ability to move afterwards,
contact the San Jose divorce lawyers of the Law Office of Daniel Jensen by calling 408-296-4100.

Understanding the Law

The California courts will determine whether or not you can take your children and move out of the state
based on several criteria, namely:

  • The child’s level of comfort and stability in the current living situation.
  • The reason for the move, such as business or to be closer to family.
  • The child’s age.
  • The distance of the move.
  • Whether or not the parents are sharing custody.

If the court is satisfied that the child’s interests will be served by the move, they will likely allow
it.

Should I Move?

Ultimately, even if the courts have to grant you the ability to legally move, it is your decision. Your
relationship to your former spouse and his or her relationship with the children are important factors.
Another major factor which should affect your decision is whether or not you will be around family.

Contact Us

If you’re thinking of moving away with your children and want to know more about your options, Contact the San Jose divorce attorneys of the Law Office of Daniel Jensen today by calling
408-296-4100.

Free Case Evaluation

Daniel Jensen, Top Family Law Attorney


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Disclaimer.
Daniel Jensen represents people in and around the cities of San Jose, Milpitas, Palo Alto, Mountain View, Sunnyvale, Cupertino, Menlo Park, Los Altos, Los Gatos, Campbell, Oakland, Hayward, Pleasanton, Fremont, San Leandro, and Union City. We represent residents of the counties of Santa Clara and Alameda.
4675 Stevens Creek Blvd., Suite 250  |  Santa Clara, California 95051  |  Phone: (408) 296-4100

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