Once a divorce has been finalized, it can happen that one of the parents may wish to relocate. California law sees both parents as being equally important in their children's lives. In many cases, these relocations can interfere with the non-relocating parent's rights regarding access to the children. It is the responsibility of the relocating parent to provide ample notice for the non-relocating parent to respond to the request.
Whether you are the parent who is proposing the relocation or the parent whose relationship with the children is at risk if the relocation is approved, it is important that you seek the advice of a knowledgeable family law attorney. At Contreras Law Firm, our lawyers have a great deal of experience representing parents on both sides of move-away cases.
Understanding Move-Away Cases In California
Move-away requests refer to a request made by one parent for permission to move his or her children out of state or a considerable distance away from the other parent. The parents who request move-aways often do so because of employment opportunities or to be closer to family. Since such a move has the potential to impact the children's relationship with the other parent, the relocating parent must have the approval of either the non-relocating parent or the court.
If you are the parent requesting a move-away and the other parent agrees to the move, it is fairly simple to draft the documents and present them to the court for approval. If the non-relocating parent disagrees with the move, however, the court must approve the move in order for it to occur. In some unique cases, a court may appoint counsel for the child in order to best represent the child's interests to the court.
While a court cannot prohibit a parent from moving out of state, it can order a modification of the child custody order so the non-relocating parent has primary custody of the child. The court carefully reviews all of the evidence to determine what is in the best interest of the child before making its decision in these matters.
Contreras Law Firm | San Diego, California, Family Law Firm
Regardless of whether you are the relocating or non-relocating parent, having the right law firm behind you can go a long way toward obtaining a positive result.
If you are the relocating parent and the court denies your move-away request, you may move across the country without your children and will no longer get to see them every day. If you are the non-relocating parent and the court approves the move, you may only see your children a handful of times each year.
These situations require a thorough understanding of California family law. The attorneys at Contreras Law Firm are committed to protecting clients' rights and preserving their critical parent-child relationships.
Contact our San Diego office today for your initial free consultation.Back to Top