My husband will be filing for divorce soon in California. He is supportive of me moving back to South Dakota with our son. One attorney told me that I cannot give my notice to move UNTIL the divorce is final without it hurting my settlement in some cases. Other attorneys have told me that I can move before the divorce is final and there will be no effects on my settlement. California and South Dakota have very different laws regarding spousal support, etc.
You do not have unilateral right to move child without agreement with H.
Best practice is to have any such agreement in writing before the move.
Your proposed move may have indirect effect on SS and CS based on possible change in living expenses and income.
You can move anytime you want. But the issue is what will the move do to the father's access to the minor child. Even if you continue to be the primary caregiver, if a move will affect the fathers current access to the child, the court may need to adjust visitation schedules and/or support. Also, there might be other orders such as transportation costs for the father to maintain access and "continuing contact" the child. The move will not affect the division of the community estate but the move will impact issues of visitation and possibly support. The timing of this is irrelevant, either before or after as the court's consideration of these facts is not affected by the timing of visitation and support issues. Get an attorney with experience in what we call "move away" proceedings.
You can move either before or after, and take your son as long as you have dad's consent, and I don't see what effect it would have on "settlement" unless you anticipate that your husband would turn on you and hold it against you. Settlement is something the two of you are in control of - not the court. It also would have little effect on property division because as long as he filed in CA, the laws of CA would apply. The difficulty is that if you move prior to final Judgment, and you fail to reach a settlement, you would have to travel back to CA for court appearances, AND the distance involved in arranging visitation with dad for your son. Child support is based on CA law so no effect there, but spousal support might be effected because your "need" would be less because of lower costs to live in SD.
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