It’s not uncommon for one divorced parent to want to move in the years after they’ve been divorced. The law requires that if a custodial parent wants to move out of state, they file a move-away petition. This must be filed with their local family court and the purpose is to ensure that the child’s best interests are being taken into consideration.
In the event the petition is accepted by the court, then the vitiation and / or child custody agreement must be modified. This requires an experienced child relocation attorney who knows this process inside and out. Contact Kendall Gkikas & Mitchell at 909-482-1422 today to speak with an attorney who will work tirelessly to ensure the child still gets the appropriate level of contact with both of their parents.
Do you need to initiate a petition to relocate your child?
If you’re moving away then you’ll need to file a move-away petition. On the surface, it may seem simple and it can be a straightforward process. That said, it can be complex and just one wrong step could prevent the petition from being approved.
As the court is considering the petition, they will consider a variety of factors, including:
- How old the child is.
- How the move is likely to affect the wellbeing and stability of the child.
- What the child’s current relationship with their parents is like.
- How the move will affect the rights of the non-custodial parent and their access to their child.
If you need help, Kendall Gkikas & Mitchell is here. We have experience with these and other petitions. We are ready to ensure that you present the information honestly and completely in the best way possible. We are ready to work with you to protect the best interests of your child.
Do you need to challenge a move-away petition?
It’s true that custodial parents have the right to file a move-away petition. They may also have the legal right to move away and to take your child with them – but you also have the right to challenge that. If your co-parent has filed a move-away petition and you don’t think it’s in your child’s best interests, then it’s up to you to convince a judge of that fact.
But you’re not in it alone. We can help. Call us today at 909-482-1422 so we can discuss your case. It may make sense for you to either prevent the move, or to get full custody yourself. If you want either of those outcomes, and believe it’s in the best interest of your child, then we believe the courts have a right to hear your side of the story.
Hire an attorney who’s tough and fair
We have one main goal at Kendall Gkikas & Mitchell: To work toward the best outcome for your child. We will fight tough and tirelessly to do so, but you can count on us to be fair in the process. Today is the day to call and find out what your legal options are. You owe it to your child.
