Navigating the complexities of family law can be challenging, especially if you’re considering relocating with your children after a separation or divorce. California's laws on relocation, also known as move away cases, are particularly intricate, and it is critical for co-parents to understand their rights and responsibilities in such situations.
If you're wrestling with the idea of moving with your children or facing opposition from the other co-parent, this blog post can provide you with important information on how to proceed.
California Relocation Cases
It is important to note that, in general, a parent can relocate with their child without obtaining a court order if:
- The move should not disrupt the current custody and visitation orders in place
- The parent notified the other parent about the planned change in residence
However, relocation cases can arise when a parent intends to move a child's home to a location that is significantly distant, potentially impacting existing custody and visitation arrangements. In such situations, the parent may need to request a court order before proceeding with the relocation.
Factors Considered in Move Away Cases
The judge will consider various factors before granting permission for a co-parent to relocate with their children.
Factors they look closely at include:
- Whether the moving parent has sole or joint physical custody
- Whether the physical custody order is permanent
- The distance of the move
- How much time the child spends with each parent
- The co-parent's relationship
- The relationship between the child and the non-relocating parent
- The wishes of the child if they are old enough to make an informed decision
A parent with sole physical custody is typically more likely to be able to relocate with their child. Moreover, if a co-parent holds sole physical custody on a permanent order, the judge is more inclined to approve the move unless the other co-parent demonstrates that it could be detrimental to the child's well-being.
It is crucial to bear in mind that not having sole physical custody does not automatically render moving with your child impossible. Ultimately, the judge will determine the outcome based on the best interests of your child.
Why Would a Judge Deny Relocation?
There are a few reasons why a judge may deny relocation. Primarily, if the relocation is found to potentially harm the child, either physically, emotionally, or developmentally, a judge may not allow it. Moreover, if the move proposes to significantly diminish the child's contact with the other parent, affecting their parental relationship, the relocation may as well be rejected.
Be Sure to Follow Your Judgement or Custody Order
If you are contemplating relocating with your child, it is important to carefully review your judgment, child custody, or visitation order. These documents provide detailed instructions on the necessary steps for both parents in the event of a proposed relocation. For instance, they may outline specific notice requirements and additional considerations.
Navigating the initial phases of relocating with your child can pose challenges. If you are looking for seasoned guidance and legal representation in such matters, it can be beneficial to enlist the assistance of experienced family law attorneys. They can offer valuable support and assist you in navigating your specific circumstances.
Legal Counsel Can Make a Difference
If you're considering moving with your child, it's crucial not just to know the law but to navigate it carefully with seasoned guidance. The outcome of your case can profoundly impact your family dynamics and your child's future.
Don’t navigate this complex legal process without professional help. Instead, reach out to our team of highly experienced family law attorneys at McKinnon Law Firm. With our deep understanding of move away cases, we can provide you with knowledgeable guidance every step of the way.
Our dedicated attorneys can help craft persuasive legal arguments tailored to your specific case. In addition, we can help you navigate through all the intricate procedures involved, explain legal jargon, and much more. Rest assured, we can fiercely advocate for your rights and the best interest of your child.
Trust McKinnon Law Firm to be your reliable partner in resolving your family law matters with the utmost care.
Contact us today for a consultation by dialing (760) 227-2476 or sending us a message online.