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Ex Wants to Move Kids to Another State — Can I Stop the Relocation?

Started by custody_relocation_dad · Jun 4, 2024 · 7 replies
For informational purposes only. This is not legal advice.
CR
custody_relocation_dadOP

Looking for advice on this situation. Ex Wants to Move Kids to Another State - Can I Stop the Relocation? Any guidance would be greatly appreciated.

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

SC
SarahE_CounselAttorney

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

FT
first_time_buyer_FL

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

FT
first_time_buyer_FL

Mediation is almost always cheaper and faster than litigation for family disputes. Most courts require it before trial anyway. Go in with realistic expectations and a willingness to compromise.

SC
SarahE_CounselAttorney

Documentation is everything in family law. Keep a journal, save all communications, and don't put anything in writing that you wouldn't want a judge to read.

FT
frustrated_tenant_sf

Family law is one of the most state-specific areas of law. What works in California won't work in Texas. Make sure you're getting advice from an attorney licensed in your state.

CR
custody_relocation_dadOP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

RD
RelocationDad_Update

Following up as someone who successfully blocked a relocation. The court denied the move because I had 50/50 custody and the reason for moving was personal rather than career-related.

Key takeaway: courts prioritize the status quo when both parents are actively involved. Document your involvement thoroughly.

RS
RelocatingParent_Sarah

Currently going through this. I have primary custody and received a job offer in Seattle (we're in California). My ex is fighting the relocation. Under California Family Code § 7501, the custodial parent has a presumptive right to relocate, but the non-custodial parent can object and the court will evaluate the best interests of the child. My attorney says the key factors are: (1) the reason for the move (career advancement is viewed favorably), (2) the impact on the child's relationship with the other parent, (3) the child's ties to the current community, and (4) whether a modified custody arrangement can preserve the non-custodial parent's relationship.

FA
FamilyLaw_Attorney_Dana Attorney

@RelocatingParent_Sarah — The LaMusga factors are what California courts apply. A few practical points: (1) Propose a detailed custody modification plan BEFORE filing — show the court you're protecting the other parent's time (e.g., extended summer custody, holiday sharing, video call schedule). (2) Document the career benefit — salary increase, advancement opportunity, company relocation — judges want to see that the move benefits the child indirectly. (3) Be prepared for the court to consider the child's preference if they're old enough (typically 12+). (4) Consider mediation before litigation — relocation cases are expensive and judges often appreciate parents who attempt resolution cooperatively.