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What Happens When I Move in the Middle of my San Jose Divorce?

Posted by Ahluwalia Law Professional Corporation | Sep 15, 2013 | 0 Comments

Divorce can give you the confidence to open up new opportunities in your life, such as a new job or a chance to live closer to family. However, some people are concerned about the implications that moving during a divorce may have, especially when children are involved. The courts usually decide on custody arrangements based on the child's best interests, but when a parent moves away, this changes potential custody agreements.

San Jose divorce attorney attorney Madan Ahluwalia of Ahluwalia Law is here to talk you through your custody arrangements as you navigate the changes that come with divorce.

 “Move Away” Custody

Custody move-away laws in San Jose and California can be very complicated. When either parent decides to move, regardless of what the existing current custody agreement may be, there will have to be changes. During a move away situation, San Jose family law requires that the custody arrangement is re-evaluated. New custody and visitation arrangements will need to be made. There are a few types of move away custody that you can discuss with your ex-spouse and attorney.

Types of Move Away Custody

If you already have joint custody, there is no need to change the court order itself. There will only need to be a hearing with your San Jose family law attorney present to work out a new joint arrangement that works in the best interests of your child and new situation.

If you have sole custody, the new arrangement may be different. The other party will have to prove that the move will be detrimental. This can be difficult, but if they succeed, there will be another court hearing to determine the outcome of the new custody agreement. If they cannot prove that the move is detrimental, the child can move with you.

San Jose Divorce Lawyer

San Jose family law can be complicated, but Madan Ahluwalia of Ahluwalia Law P.C. is here to help you figure out how to protect your family's interests. Call us at 866-666-4647 or contact us online.

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