Life can take unexpected turns, and sometimes relocation becomes necessary due to a new job, family obligations, or personal reasons. If you share custody of your child, moving away isn’t as simple as packing your bags—it requires modifying your custody agreement. In California, relocation cases are handled with the child’s best interests in mind, and the process can be complex. At Kendall Gkikas & Mitchell, LLP, we’re here to guide you through it as your trusted child relocation attorney in San Bernardino CA. Keep reading to learn more!
Understanding Custody Modifications for Relocation
If you plan to move and your relocation will significantly affect the current custody arrangement, you’ll need to request a modification to your custody order. This is especially true if the move will impact the other parent’s ability to spend time with the child or if it requires significant changes to visitation schedules. California law requires the moving parent to either gain the other parent’s consent or seek court approval for the relocation. The court evaluates these cases carefully, prioritizing what is in the best interests of the child.
Key Factors the Court Considers
When determining whether to grant a custody modification for relocation, the court will assess a variety of factors, including:
- The reason for the move
- The impact on the child
- The child’s relationship with both parents
- The child’s preferences
- The ability to maintain visitation
Steps to Modify a Custody Agreement for Relocation
Modifying a custody agreement to accommodate a move requires following specific legal steps. Here’s what you need to do:
- Notify the Other Parent: Before taking any legal action, notify the other parent of your intention to move. California law requires this notification to be provided in writing, typically at least 45 days before the planned move.
- File a Request for Order (RFO): If the other parent does not consent to the relocation, you’ll need to file an RFO with the court to modify the custody agreement. This filing should include details about the move, the reasons for relocating, and how the proposed modification will benefit the child.
- Present Evidence to the Court: To support your case, you’ll need to present evidence demonstrating that the relocation is in the child’s best interests. This could include documentation of new employment opportunities, improved living conditions, or enhanced educational prospects in the new location.
- Attend a Court Hearing: Both parents will have the opportunity to present their arguments at a court hearing. The judge will evaluate the evidence, hear testimony, and make a decision based on the best interests of the child. Your attorney will advocate on your behalf, emphasizing the benefits of the move and addressing any objections raised by the other parent.
How a Child Relocation Attorney Can Help
Relocation cases can be complex and emotionally charged, making it crucial to have experienced legal representation. A child relocation attorney in San Bernardino CA can guide you through the process, help you understand your rights, and present a compelling case to the court. If you’re considering a move and need to modify your custody agreement, contact us today at 909-482-1422 to schedule a consultation with an experienced child relocation attorney in San Bernardino CA. We’ll guide you through the process and help you achieve the best possible outcome for you and your child.
