If I have custody of my child, can I move to another city for work?
Having custody does not mean full freedom of movement
Having custody of your child does not automatically give you the right to move to another city without restrictions. Custody determines where the child lives and who takes care of them daily, but parental authority (“patria potestad”) is usually shared. This means that major decisions, like a residence change, must be agreed upon with the other parent or authorized by a judge.
What happens if I need to move for work?
If you have a job opportunity in another city and want to relocate with your child, you have two options:
- Agreement with the other parent: If both parents agree, it can be formalized through a regulatory agreement.
- Court approval: If no agreement is reached, you will need to request judicial permission for the residence change.
What will the judge consider?
The judge will assess whether the move benefits the child, not just you. Key factors include:
- Impact on the relationship with the other parent: How will visitation rights be affected?
- Living conditions in the new city: Will there be better education, stability, and environment for the child?
- Child’s opinion: If mature enough, the child’s preference may be considered.
- Support network availability: Presence of family, school environment, etc.
What if I move without permission?
Relocating without authorization can have serious legal consequences. The other parent can take legal action, possibly leading to a modification of custody terms. In extreme cases, you could lose custody of your child if the court deems the move harmful.
How to proceed legally?
If you are in this situation, consulting a divorce lawyer in Valencia or your local area is essential. A legal expert can guide you through the process to ensure compliance with the law while safeguarding your rights.
Conclusion
Moving with a child when you have custody is not a unilateral decision. If there is no agreement, a judge will decide whether the residence change is in the child’s best interest. Before making any decisions, seek legal advice to avoid legal issues and ensure your child’s well-being.
Sandra Márquez
CEO Expat&Legal Spain
Criminal and Family Lawyer