Eastvale Move Away and Relocation Lawyer

Eastvale Move Away and Relocation Attorney

Eastvale Move Away and Relocation Lawyer

After a divorce is finalized, parents take time to settle into their new homes and routines with their child. When one parent wants to relocate while having joint or full custody of their child, they need to follow a specific legal process. Working with an Eastvale move away and relocation lawyer can help ensure legal compliance by all parties.

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Hire a Move Away and Relocation Lawyer

With over 30 years of combined legal experience, the attorneys at All American Law have helped hundreds of California parents seek favorable outcomes for their legal cases. We provide free consultations to Eastvale parents to discuss the details of their situation and explain how we can help. When you come into our Rancho Cucamonga office, you’ll be meeting with an empathetic lawyer who is ready to fight on your behalf.

The Relocating Process in California

In 2023, there were around 3,173 residents of Eastvale who were divorced. That same year, approximately 20,448 children were living in Eastvale. An average of 2,581 Eastvale homes were run by a female householder, with 1,290 homes run by a male householder. When parents divorce, it can be hard for the child to adjust to a new normal. When one parent plans to relocate, it can be even more difficult.

This type of case can be filed at the Riverside Family Law Courthouse, located at 4175 Main Street in Riverside. During this time, you’ll want to hire a move-away and relocation lawyer. They’ll help advocate on your behalf, either as the moving parent or the non-moving parent. Working together with your attorney and your ex can help ensure a streamlined process for everyone involved.

Generally, a parent with sole physical custody can move unless the other parent can show it would harm the child. A parent with joint custody can only move if they show it is in the child’s best interest.

Factors the Court Considers When Reviewing a Relocation Case

When determining whether to grant a move, the judge will review the current custody order. Courts always consider what is in the child’s best interest. A judge decides whether a child can move with a parent by looking at several factors. They look at:

The distance of the move. Even a move that’s only a few hours away can change a child’s entire life. It can make it more difficult and more expensive for the child to see the non-moving parent.
The current custody arrangement, including the time the child spends with each parent
The child’s relationship with both parents
The relationship between the parents, including whether they speak negatively about each other in front of the child, or follow the court order
The child’s age
The child’s health and safety

Mediation in a Relocation Case

The non-moving parent must be notified in advance of the move, ideally at least 45 days before the move, so parents have time to try to reach an agreement about custody.

Mediation is an alternative to court, which can be beneficial to parents trying to resolve their legal issues. Mediation sessions are run by a neutral third party, called a mediator. They don’t make any legal decisions, but help facilitate healthy communication between parents and their attorneys to come to an agreement. Mediation has several benefits, including:

Being less expensive than the court
Being faster than the court
Letting parents maintain control of the outcome

When parents can come to an agreement over their relocation case, they’ll submit a signed agreement to the court for final approval. If parents can’t agree on an outcome, the case will move to court, where a judge will have the final say.

FAQs

How Far Can I Move Before Needing Court Approval in Eastvale, CA?

In Eastvale, CA, there’s no set distance on how far you can move before needing court approval. What matters is how the move affects the current custody plan. Even moves of short distances can significantly impact your child’s life and may require court approval. If the move would impact where your child goes to school, their time with the non-moving parent, or anything else listed in the current court order, you’ll need to seek permission first.

What Happens if the Court Denies the Move?

If the court denies the move, then the current custody order stays in place. This means that the move can’t happen. However, a denial doesn’t prevent a parent from trying again later, if there’s been a significant change in circumstances. This includes changes in the child’s needs, the parent’s job and income, the child’s education, health, or any safety concerns. The court won’t reconsider the case if the moving parent presents the same facts as before.

What Happens if My Ex Moves Without Permission?

If your ex moves without permission, it can create serious legal issues, especially when joint custody or visitation rights are involved. California doesn’t set a specific maximum distance for moving, but any relocation that affects the other parent’s relationship with the child typically requires a court order. If the moving parent does so without a court order, they may risk losing custody of their child and may even be considered kidnappers.

What Is the Process of an Emergency Relocation?

The process of an emergency relocation begins with filing your request with the court. When doing so, you’ll need to provide extensive evidence that supports your case. This can include police reports, letters from doctors, and witness statements. Notice will be given to the other parents, unless doing so would cause immediate danger. The judge will then make their decision. If they grant the emergency order, it’ll last until your scheduled court hearing.