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How does my move affect child custody?

Parents have a lot on their minds when going through divorce, but throughout the process they usually keep their main focus on their children. As a parent yourself, this means that getting the right child custody order is one of your top priorities. However, certain factors -- such as one parent moving out of state -- can affect the outcome of the agreement.

Take for example a situation in which your spouse moves out of state, leaving the children behind in your care. He or she may choose to file a motion for visitation or custody in the new state of residence. So which state's laws will determine how custody is handled -- California's, or the state where your ex lives? Your children's home state will have the authority to issue orders, and their home state is the one in which they have been living for six or more consecutive months before the custody proceedings begin.

But what if you are the one who would like to move to another state with your children? This is a complicated situation, although it is possible that your ex might agree to the move. If you cannot reach an agreement between yourselves, you will have to proceed to court. A judge will take a number of factors into consideration, such as which parent is the primary caretaker, the children's relationship with the parent who is not moving, the reason for the move and more.

Dealing with child custody across the California state line is not a simple matter. Ultimately, your children's best interests should still be the focus of all custody decisions. If you are unsure how to handle a situation in which you or your ex is moving, be sure to visit our website for additional information.

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Viola Law Firm P.C. | 441 1st. Ave. | San Mateo, CA 94401 | Phone: 650-532-9389 | Map & Directions