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My Ex-Spouse Wants to Move Away With My Child. Do I Have Any Rights?

Posted on: September 5, 2019

My Ex-Spouse Wants to Move Away With My Child. Do I Have Any Rights?

After getting divorced you and your ex-spouse work up a custody agreement—or a judge orders one if you’re not able to come to terms—and you think you’re all set. You get to visit your child every other weekend, or half the week, or whatever the agreement is. The point is after a custody agreement is established, most parents think everything is good to go. However, that isn’t always the case. What happens if your ex-spouse wants to move to another city, state or even country with your child? Can they do that? What does that mean for your right to visitation? Keep reading to learn more about child relocation and what it means for you.

Does a child custody agreement protect me from my child’s other parent moving away with them?

In a sense, a child custody agreement protects you from your child’s other parent up and moving without any advanced notice. However, that does not mean that just because you have a custody agreement in place that your ex-spouse cannot ever move away with your child. It just makes the process more complicated.

Can my ex-spouse legally move away with my child?

Yes, your ex-spouse or the other parent of your child can move away with your child. However, the process is not necessarily simple. The move-away petition must be filed with the court and go through the legal process before they can move away—and that’s if the petition is granted.

What is the process to file a move-away petition?

Submitting a move-away petition is quite straightforward. The petition needs to include why the custodial parent is moving and why that move is in the best interest of the child. When done in good faith the custodial parent does have the right to move, but the non-custodial parent also has the right to challenge the move-away petition.

What does the court consider when one parent wants to move away with a child?

When deciding to approve or deny a move-away petition, the court will look at a few things including the age of the child, the current relationship the child has with each parent, and the impact the move will have on the nun-custodial parent’s access to the child. In addition, a judge will also look at whether the move is in the best interested of the child and how it may impact their well-being and emotional stability.

If you need a child custody or relocation lawyer, contact Kendall Gkikas & Mitchell, LLP right away!

If you are either looking to file a move-away petition or are fighting to keep your ex-spouse from moving away with your child, contact Kendall Gkikas & Mitchell, LLP right away! Since 1994, we’ve been fighting hard for our clients and we’d be happy to do the same for you. Child custody agreements and move-away petitions are never fun, but with an experienced family law attorney on your side, you can be confident that you have the guidance and support you need to get a fair outcome. Contact us today at 909-482-1422 to request your consultation.

Kristina Kendall-Gkikas
Kendall & Gkikas LLP
143 N. Harvard Avenue, 2nd Floor
Claremont, CA, 91711 USA
909-482-1422