Just when your post-divorce California life seemed to be settling into a “new normal,” your employer offered you a marvelous promotion. The hitch? You must move to a new state. Since you have children, you now may be wondering what hassle, if any, you need to go through so you can move your kids out of state with you.
As the California courts system explains, the first thing you should do is reread your divorce decree to verify what type of custody you have and determine if there are any restrictions regarding a post-divorce relocation. Assuming you have permanent sole physical custody of your children, a/k/a primary physical custody, usually you can move out of state with them if your ex-spouse agrees to the move. If (s)he objects to your move, (s)he must go to court and convince the judge that this move will somehow harm the children. You, on the other hand, must present convincing counter arguments showing how your move is in your children’s best interests as well as yours.