A move away or relocation request happens when one parent wants to move with their children to another city, state, or even country. This may be a necessary step in the family’s life, and it can be in the child’s or children’s interests. It is a very common part of familial life when two parents are separated, but it can also be incredibly complicated.
A relocation usually requires a restructured parenting plan. There are specific steps that need to be taken when initiating a move away or relocation. A move away & relocation attorney can help you take the necessary legal actions. They can also help create a reliable new plan that helps your family.
You may be a parent looking to relocate with your children, or you may be wishing to prevent your co-parent from doing so. The attorneys at All American Law understand how complex these situations are. Every family is different, and relocation cases can have life-changing effects on any family. We can help you understand your options, either with the other parent or not. There are many reasons why a parent may want to relocate, but it can be scary for everyone. All American Law can help guide you through the process and determine what option fits your family’s needs.
Relocation is commonly sought by the parent who has primary physical custody of their children. In California, the other parent with custody has to agree to relocation, or the family court has to issue the order. California judges can deny move away requests if they determine:
Relocation within and from California can be very difficult. Each case is considered based on its own unique factors.
California law considers any move by a custodial parent with minor children a relocation. Even if you only consider the move to be a small one, it is essential that you understand how move away cases are determined by the court. A relocation case may be opened even if the move is only a short-distance one.
When the court decides whether to grant a move away request, it will look at many factors, including:
California courts take the impact of these cases very seriously.
The court must examine many factors in your move away case. An attorney can help present that information in a compelling way. A relocation & move away attorney can also advocate for your interests in this situation. A relocation case can be an emotionally difficult time. You need an experienced attorney by your side to make it as easy as possible.
A skilled attorney can help you understand the legal process as you consider a relocation request. They can answer any questions and help you understand the likely result of your case. An attorney can also help you file your request with all the necessary information. When your request goes to a hearing, you can feel confident that your rights and interests are represented.
A parent must either obtain the other parent’s agreement or a family court order. If the parent is able to move with their children, there will likely be changes made to custody and visitation arrangements. This depends on how far they are moving. A custodial parent is only granted a move away request if it is beneficial for the child or children. If you are a parent intending to contest a move away request, you must show that the move is not in their interests.
California relocation law makes it difficult to get a move away request. If a judge deems that the move is bad for the child in any way, the request will not be approved. However, it will depend on your specific situation and your prior custody agreement. Working with an attorney can help you demonstrate how the relocation will be beneficial for your child.
There is no distance in California that you can move with joint custody. Instead, moving is generally fine if the other parent is given enough notice and the current custody agreement is not impacted. However, if the move will impact parenting time and visitation, a parent will have to file for relocation or move away. For joint custody agreements, a parent must prove that the move is beneficial to their child.
To move out of state, you either need the other parent’s permission or a family court order. If you do not have the other parent’s permission, you must prove to the California court that the move is beneficial and in the child’s interests. Whether your request is granted depends on your situation.
If you need legal assistance to file and present your relocation request, the attorneys at All American Law have the knowledge you need. We have decades of experience in family law. Our attorneys can use their knowledge of relocation law to tailor our advice to your unique circumstances. We understand how complex and difficult a move-away request can be. Let us help you find a solution that protects the future of your family. Contact All American Law today.