After a divorce, or paternity action, parents and Family Attorney in Rancho Cucamonga typically set up separate residences in the same community, and the parenting plan and time sharing schedule are written in a way to provide both parents with frequent and meaningful contact with the kids with the help of Move Away & Relocations Lawyers in Rancho Cucamonga. However, just because your marriage ends does not mean your life stops progressing — sometimes, it is just the opposite. Many times, the need for a parental relocation may later arise.
Circumstances that routinely lead to the relocation of a divorced parent may include a military or job transfer or a new job opportunity, pursuing a new relationship, or simply the valid, human desire to start over in a new place. A significant move most often causes damage to an existing parenting plan, so any move should not take place without securing the agreement of the other parent or going to court and modifying the time sharing as necessary.
Unlike other states, California does not have any set distance or other criteria to determine whether a move-away case is necessary. In some states, a custodial parent may be allowed to move up to 50 miles without needing to take the case to court. California has no such guidelines. This means, in theory, even a move across the street could trigger a relocation case in a California court. It is, therefore, important to properly follow all court procedures while relocating with your minor children.
Judges and court officials in California will look at a lot of different circumstances and evidence when determining whether a parent with shared custody of a minor child will be allowed to move with that child. Those circumstances include:
Family law can be an extremely complex field, and California courts take the laws and regulations surrounding child care, child support, visitation, and custody extremely seriously. To protect yourself, your family, and your future, retain an expert Rancho Cucamonga divorce lawyer from All American Law before the process of relocation for you or your ex-spouse goes any farther. The team at All American Law has intimate experience with the California legal system and a track record of success helping divorced and divorcing clients take back control of their lives and get the support they need for their families.
Custody arrangements for the minor children of divorcing parents in California are determined by a judge with the help of other state agencies related to child welfare. There is no special document or secret legal strategy that can compel a court to rule in accordance with your wishes. When a court grants one parent sole custody of minor children, it usually means that the other parent is unfit or unwilling to fulfill their parental obligations.
If you believe you deserve to have full custody of your children, working with an experienced Rancho Cucamonga family law attorney offers you the best chance of convincingly making this argument to the court. Note that if you believe that your children are immediately endangered by your ex-spouse having access to them, it may be necessary to prioritize working with local law enforcement to implement a protective order prior to or concurrent with divorce proceedings.
Much like your initial petition for the court to end your marriage, an announcement stating your intentions to move away must be served in writing to both your ex-spouse and the local court that has jurisdiction over your divorce and current custody orders. This must be done at least 45 days before your intended move. In addition to permanent moves, such a letter also needs to be filed and served temporary moves or extended trips — any relocation over 30 days is subject to these relocation laws.
This letter should include the location of your new home, your intended move date, and the reason for the move. Keep the letter concise and factual. Remember that this is an official document intended to initiate a court proceeding and not a chance to wheedle an ex. If you are concerned with your ability to draft and serve such a letter, the family law and divorce experts at All American Law can be an invaluable asset.
The simple answer is that winning a relocation case is the same as winning any other courtroom motion — you win by having better evidence and a more compelling legal argument. In a relocation case, this essentially requires a two-pronged legal strategy. First, you must prove that your move is a good idea. Spontaneous or whimsical relocations without solid plans behind them are unlikely to impress a judge.
If you do not have a viable job opportunity already in place in your new location, you should be prepared to prove that other support systems exist for you there and that you are financially capable of making this move while upholding your child’s standard of living. You must then additionally prove that your intended destination will be good for the child, specifically. Factors like schools, extended family, and the child’s own feelings can all play a part here.
All parents have rights, and this holds true for your ex, even if you have sole or majority custody. If your ex-partner believes that relocating your shared minor children would be detrimental to their development, safety, or overall well-being, they do indeed have the right to take these concerns before a judge during your relocation case. Whether you believe these allegations are serious or frivolous, they can have a serious impact on your future and your children.
When this happens, it may be important to protect yourself by responding to such concerns with robust legal representation. Allowing your ex to bait you into an argument or meltdown will never help your case — instead, allow the experienced team at All American Law to keep your relocation proceedings businesslike and deflect any courtroom dramatics.
If you are a parent seeking to move away with the kids or a parent who is unsure how to handle your co-parent’s intended move, complete the form on this page and set up a free consultation with a lawyer at All American Law. Our experienced Family Lawyers Rancho Cucamonga will explore options and solutions with you and help you find a resolution in the best interests of you and your kids.
Life doesn’t stop after divorce, and neither does your responsibility to provide your children with a safe and supportive situation where they can grow and develop. When this means relocating — or opposing your ex-spouse’s relocation — it can be a tense and difficult situation. All American Law can help you put the pieces in place to safeguard your family’s future.
Nothing contained on this page or on our website is legal advice nor should it be construed as such. It is not intended to apply to your specific situation or answer your specific questions.