There are very few types of cases that are more emotional for families than move-away and relocation cases. When a parent attempts to move with their child to a new place, particularly if the distance is great or the move is to another state, both sides can feel deeply frustrated. The parent seeking the move can feel limited in their ability to seek better opportunities, while the remaining parent can feel as if their children are being taken from them.
Whichever side of the issue you find yourself on, each move-away case in Fontana, CA is most effectively handled by partnering with a qualified and well-experienced family law attorney. They can represent your interests as you work to resolve a move-away situation in your favor and that of your child.
Whether you are a parent seeking to relocate or are fighting to keep a child nearby, your move-away and relocation lawyer can stand behind you and walk you through the proper steps to uphold your parental rights. Your attorney can help you work out a situation that is in the interest of the children. The team at All American Law has over three decades of combined experience in family law matters. Our firm can offer compassionate counsel through this sensitive time.
California courts have a long and varied history with rulings regarding parents who wish to relocate with children who are in custody arrangements. Maintaining a stable and consistent custody arrangement is a primary concern for courts. Move-away cases tend to be highly disruptive to standard custody arrangements and must, therefore, be approached with great care.
According to the California Family Code, a parent with primary physical custody maintains a presumptive right to relocate with their children. A parent who shares custody, in contrast, has no presumptive right to relocate. However, presumptive rights are not absolute. A custodial parent could be denied a move away while a parent sharing custody may successfully petition for a relocation.
It is always in your interest to work closely with a qualified relocation attorney with experience in handling the complexities of these cases. There are many factors and considerations that go into approving or denying a petition.
Unfortunately, if you are a non-custodial parent, the burden of proof in establishing a case that a move would be detrimental to the well-being of the child is placed upon you. Consider the factors that the court will weigh when deciding whether to approve the petition and plan accordingly. If you are a custodial parent seeking the favor of the court, you can also consider several factors when planning your legal strategy. These include:
The court will also consider the factors directly related to each child, which it will take with a greater weight in considering the matter. These include:
Ultimately, the court will be swayed by what it believes to be in the interest of the child. It is possible that a court will reverse custody orders and award physical custody to the other parent if the original custodial parent is intent on moving but does not receive court permission to do so. Both sides should always approach move-away and relocation cases with care, preparation, and patience.
A: Winning a move-away case in California requires a great degree of planning and preparation, as these cases are among the most emotionally difficult kinds of family law cases there are. Ultimately, the court will prefer to keep a child’s situation unchanged. At the very least, you must demonstrate that the move will not be detrimental to the child(ren) and is being made in good faith. Additionally, it is ideal to have a solid visitation plan in place.
A: A judge in California may easily deny a request for relocation if they are unconvinced that the move is in the interest of the child. Many factors will be considered, such as:
The judge may also deny relocation if the proper procedures were not followed, including providing the other parent with sufficient notice of the intent to relocate.
A: Under the California Family Code, a parent with primary physical custody of their children has the presumptive right to change their residence, provided that it does not present a detriment to the child’s well-being. A presumptive right, however, does not equate to an absolute right. A non-custodial parent who wishes to contest the move away must prove that relocation would, in fact, be detrimental to the child. For parents who share joint custody, neither one has a presumptive right to move.
A: A parent in California with sole physical custody of a child can move out of the state in certain circumstances. A parent who shares custody of their children, however, must petition the California family court for a move-away request. Maintaining a stable custody arrangement is of utmost concern to the court, and moving must justify its impact. Ultimately, the court will always rule on the side of what it believes to be in the interest of the child(ren).
Whether you are a custodial parent seeking to relocate or are a non-custodial parent fighting to keep your children near you, the attorneys on our team at All American Law can work closely with you to win a favorable outcome. Contact our office today to receive sensitive legal counsel to help you through this difficult matter.