California Move-Away Requests Settle Custody Issues After Relocation
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California Move-Away Requests Settle Custody Issues After Relocation
Divorced parents are allowed to relocate with their children as long as
the move does not threaten the rights and/or welfare of the children.
As the economy continues on a path to recovery, more jobs are again being
created in California and across the country. However, a move across the
state or country is sometimes required for the right job.
The federal and state Constitutions guarantee the right to move freely
across state borders. However, for
divorced and single parents relocations can pose a challenge if the noncustodial
parent believes that a move will be harmful for the children.
Parents who may be considering a nationwide job search or who have been
offered employment in another state must consider the implications a move
will have on their current
child custody arrangement. Any potential move can disrupt a young child's life and may
cause problems.
Visitation with the noncustodial parent could also become more limited. Thus, a
California move-away attorney should be consulted to ensure the proper steps are followed.
Child Custody Arrangement Following A Move
Under California law, custodial parents are entitled to relocate along
with their minor children as long as the move does not "prejudice
the rights or welfare of the child." If the request is made as part
of an initial custody determination, the court decides what custody arrangement
is in the child's best interests.
A custodial parent cannot plan to move solely to interfere with the noncustodial
parent's visitation. The trial court may ask why the parent wants to move
in an effort to make sure that the purpose is not to limit contact with
the noncustodial parent.
As long as no improper purpose exists, the custodial parent does not need
to show the move is necessary. If objecting to a move, the noncustodial
parent must show that relocating will be detrimental to the children.
Other factors that the court will review in deciding whether to modify
custody orders following the move-away request are:
The distance of the move
The age of the children
The children's relationship with each parent
The children's wishes, if they are old enough to express a preference
The children's interest in stability and continuity of custody arrangement
may also be balanced against the disruption that a move might cause.
A recent California case found that in
move-away cases the trial court must determine custody issues based on the premise
the move will take place as planned. The question the court must resolve
is not whether the parent is allowed to move, but what the custody arrangement
should be if and when the custodial parent moves.
In the event that you need to relocate for a new position or you want to
try to keep your children from moving, contact an experienced
Newport Beach family law attorney. A
family law attorney can help build a persuasive argument to protect your children's rights
and support your position.
“If you are looking for a law firm that is no only highly competent but also deeply compassionate and committed to your case, I cannot recommend them highly enough.”
A few years ago i was going through one of the most difficult periods of my life. I was in the middle of a highly contentious custody dispute in which I had lost custody of my daughter. I was overwhelmed, discouraged, and unsure of where to to next. I was fortunate enough to have met Courtney Shepard. From the very beginning, working with Courtney was a completely different experience from any other law firm I had encountered. After previously working with, and ultimately dismissing, two other attorneys, i knew right away that this team stood apart. Courtney took the time to truly understand my case in depth an, just as importantly, to listen to me. I never once felt like just another client. Her team, Shawna and Paul, were equally exceptional, supportive, attentive and genuinely caring throughout the entire process. Over the course of two years of court hearings and filings, they stood by me every step of the way with professionalism, compassion, and dedication. Today I am incredibly grateful to say that I now have joint legal custody of my daughter , an she is one again part of my life an we couldn't be happier. Courtney Shepard and the entire team at Burch Shepard Law Group helped me achieve something I once feared was out of reach. I am eternally grateful to them. If you are looking for a law firm that is no only highly competent but also deeply compassionate and committed to your case, I cannot recommend them highly enough.
Former Client
“Thank you for all of your guidance and support through this journey!”
I just wanted to send you a HUGE thank you for all of your support through this process. I am thrilled with the outcome today and so relieved that this is coming to a close. Thank you for all of your guidance and support through this journey.
Former Client
“I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
“They made the divorce process so much less stressful than it could have been. I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
Former Client
“A brilliantly educated pit bull”
“True brilliance in action is a site to behold. At this point I am comfortable with everything she was able to help me with, and I know that she will be the first call I make, if I have any other future issues that require the courts intervention.”
Former Client
“THANK YOU ALL FOR EVERYTHING.”
I am thankful for a attorney Robert, for his wonderful representation. His professionalism, and the way he carries himself with so much authority and knowledge is making this process run Smoothly. The delay in the process has given my children and I time, space, peace of mind and the healing we needed so much, thank you. God knows the right timing and the right results and He sends us the right persons to work things out. You are all a team of wonderful people. Thank you.
For a consultation with an Orange County attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online.
Community Resources:
A variety of nonprofit social services agencies provide counseling services to divorcing families in the areas of domestic violence, marriage, family and children, and drug and alcohol abuse. Legal assistance is also available. For a list of these community resources, please contact Family Court Services at 714-935-6550.
Books To Help Divorcing Parents And Their Children:
My Mom and Dad Are Getting a Divorce by Florence Bienenfeld
Mom's House, Dad's House by Isolina Ricci, Ph.D.
Co-Parenting by Miriam Galper
When Living Hurts by Gordon Sol
Megan's Book of Divorce: A Kid's Book for Adults by Eric Jong
Child Custody: Building Agreements That Work by Mimi E. Lyster
The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals by Richard A. Gardner, M.D.
