Determining child custody is often a highly emotional issue during a divorce settlement. The situation can become even more difficult if one spouse wants to move with the child. For instance, let’s say that your ex-wife decides she wants to move from California back to her home town in North Carolina. Where does that leave you? Will you have to fly across the country every time you want to see your children?
In California, either parent can be awarded custody of children. The courts would prefer for the parents to come to a mutual agreement on custody, but if that doesn’t happen, the court will step in and determine custody. If one parent wishes to move, he or she must show compelling evidence of why the move would be in the best interest of the children.
The non-moving parent can fight back by providing evidence of why a move is not in the children’s best interest. For instance, you could show that your children have many friends and close associations here, that you can provide better financial and/or emotional support than your spouse, and that your children have expressed a preference for staying here.
If you need help to fight your spouse’s attempts to move away with your children, schedule an appointment with Albrecht & Albrecht today.