Going through a divorce can take a toll on a couple's children. Far too often, these children feel like they are at fault in some way, which can only be exacerbated when parents bicker and fight in front of their children. Although the matter may settle slightly once a divorce is finalized, child custody issues can reemerge from time-to-time depending on the circumstances at hand.
On way is when a custodial parent seeks to move. If a California parent has sole custody of the child, then he or she can move whenever he or she wants. However, if the noncustodial parent objects to the relocation, then he or she can stop if it can be shown that the move will be detrimental to the child's well-being.
Most divorced Californians share custody, though. Under these circumstances, a custodial parent must obtain consent from the non-custodial parent before moving, otherwise the matter will go to court. In these situations, if a noncustodial parent objects to relocation, then the burden is on the custodial parent to show why the move supports the best interests of the child. Here, the court may assess the reason for the move, the familial ties the child would be leaving, his or her relationship with his or her custodial parent, and how the child's schooling would be affected. Of course, if a parent relocates with a child, a new parenting plan must be made to ensure that a noncustodial parent's rights are protected.
Dealing with complicated child custody issues like this can be challenging, especially when there are hurt feelings lingering from the couple's split. This is why it is often a good idea to have a legal advocate on one's side. An experienced family law attorney can look at the situation from a fresh perspective, and ensure that strong legal arguments are made to support a parent's position. Those who want to learn more about how to handle their family law issue can speak with a family law attorney of their choosing.