Claremont Move Away & Relocation Lawyer

Moving with a child is difficult enough when you have the permission of the child’s other parent. If your child’s co-parent is refusing permission for a relocation, you’ll be facing an uphill battle legally as well. You can work with a Claremont move away & relocation lawyer to help you obtain a court order to allow the relocation.

Trust All American Law Firm

The attorneys here at All American Law Firm have over 30 years of combined experience in family law. In that time, we’ve seen it all, including many challenging move-away and relocation cases. We know what it takes to convince a judge that your intended move is in the best interests of your child or children. We can help you negotiate an agreement with your child’s co-parent or, barring that solution, seek a court order that allows the move.

Why Hire a Move Away & Relocation Lawyer?

Approximately 33.1% of California households have children. In Los Angeles County, the number is slightly lower at 31.6%. Across California, around 34% of children live in single-parent households. That leaves a lot of space for disagreements over where children are going to live.

If you’re a single parent raising children who plans to move, you can’t just go ahead with your plans without getting the permission of either your co-parent or the court. You need to hire a move away & relocation lawyer to help you with everything from filing paperwork to negotiating a resolution with your child’s other parent or seeking a court order that allows the move if it is in the child’s best interests.

How Courts Determine What’s in the Child’s Best Interests

The deciding factor regarding whether or not the court will approve a relocation is whether it is in the child’s best interests. In deciding this, the court may consider:

• The child’s wishes, if applicable
• The child’s relationship with their other parent
• The moving parent’s reason for the proposed relocation

The court may also consider the location of and relationship with the child’s extended family and their quality of life if the move is approved. If there’s any history of child abuse or domestic violence, that will also be taken into account.

If the court finds that the move would not be in your child’s best interests, it can require you to remain in the state or transfer custody of the child to the non-custodial parent if you choose to relocate without the child instead.

Compelling Reasons to Relocate With Children

The court considers whether you have compelling reasons to move away with your child. It may be more likely to approve a move that involves:

• Living in an area with a lower cost of living
• Moving closer to family members who can help with childcare
• Getting a better job
• Pursuing new educational opportunities for you or your child
• Protecting the child’s safety from a threat

If you can’t show that the move will improve your family and your child’s life, it will be more difficult to convince the court to approve it.

Express Consent From the Non-Relocating Parent

Even if you get express consent from the non-relocating parent, you will still need to formalize the agreement by going to court at the Pomona Courthouse South at 400 Civic Center Plaza in Pomona, which serves the entire East district of Los Angeles County, including Claremont, California. The court will still have to agree that it is in the best interests of the child before you will be allowed to move away.

FAQs

How Hard Is it to Get a Move Away Order in California?

It is difficult to get a move away order in California, especially if the other parent has joint custody and objects to the move. Courts prioritize the child’s best interests, which tend to include contact with both parents and ongoing stability. They will not usually approve a move that disrupts a child’s relationship with the parent who plans to stay. If you’re planning a move, you’ll need the help of a skilled Claremont move away & relocation attorney.

Can the Father of My Child Stop Me From Moving Away?

The father of your child can stop you from moving away, especially if he has joint custody of the child. He can legally stop you from moving away with your child, even without a prior court order, by filing an emergency custody action. Moving without a court order or the father’s consent can lead to a judge ordering the return of the child. You should work with a lawyer to get a court order that approves the move.

What Is the Move Away Case Law in California?

The primary move away case law in California includes the Burgess decision and the LaMusga decision. According to Marriage of Burgess (1996), the parent with sole physical custody has a presumptive right to change the child’s residence. According to Marriage of LaMusga (2004), though, the court must consider whether the move would be in the best interests of the child, whether it would disrupt stability, and how it would impact the relationship with the non-custodial parent.

How Can I Stop My Ex From Moving Away With My Child in CA?

You can attempt to stop your ex from moving away with your child in California, even if you are the non-custodial parent, by proving that the move will have detrimental effects on the child. You can start by filing a motion to prevent the relocation if there is already a current court order. You can also file a temporary restraining order to stop the move until a full hearing can occur.

Contact a Claremont Move Away & Relocation Lawyer Today

If you’re planning to move away with your child, you need to work with a Claremont move away & relocation lawyer who can help you get the relocation approved with the courts. The team here at All American Law Firm has years of experience in interpreting relocation laws and leveraging them to help our clients accomplish their goals. We can help with your move away case, too.

Contact us to schedule an initial consultation today.