Leaving California with a child following a divorce?

Leaving California with a child following a divorce?

When a set of California parents sign a child custody agreement, they are each obligated to adhere to the terms, unless and until the judge overseeing the case modifies the court order. For example, if a parent is paying child support but loses a job, the parent is still obligated to make support payments on time, unless he or she petitions the court to lower or halt payments, and the court grants the request. Child custody problems may arise if a parent disregards a court order, such as taking a child out of California when the court order prohibits it.

A judge issues a court order based on the unique merits of an individual case. In some cases, a parent is allowed to take a child on vacation in Europe, for instance, provided that the other parent receives notification ahead of time. Sometimes, however, neither parent is permitted to leave the state with their children.

When relocation aligns with a child’s best interests

The court always has children’s best interests in mind when making child custody decisions. It is possible that a parent’s relocation would align with this focus. If, for instance, a custodial parent receives a job opportunity in another state, the court may determine that relocating would be best for the children.

Since California parents want what is best for their children, it behooves them to work together and cooperate following a divorce regarding child custody issues. A parent will always want to seek clarification of state laws before relocating or traveling out of state with a child. If the other parent has disregarded a court order, a concerned parent may request immediate legal support.