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Can I Move My Child Away From Their Other Parent?

Posted on: July 3, 2019

Can I Move My Child Away From Their Other Parent?

Following a divorce or other custody battle, it’s not uncommon for one parent to relocate. However, when there is a custody agreement in place, one parent can’t just up and leave and take the child with them. There are steps that need to be taken, including filing a Child Relocation Petition with the courts.

How can I initiate a child relocation petition?

If you are looking to move with your child, submitted a Child Relocation Petition is fairly straight forward. This task can be easily done with the help of an experienced child relocation attorney like Kendall Gkikas & Mitchell, LLP. You must include the reason for the move and why it is in the best interest of the child for the move. Providing appropriate reasoning is important, which is where an attorney comes into play.

What does the court consider with a child relocation petition?

When you submit a Child Relocation Petition, you are essentially asking a judge to grant your permission to move with your child and take them away from their other parent. Judges will only grant this if they believe the move is important and is also in the best interest of the child.

Overall, the judge will look at a few pertinent pieces of information when reviewing your petition. The first is the age of the child. They will also look at the current relationship with each parent as well as the impact the move will have on the non-custodial parent’s access to the child. Finally, and most importantly, they will look at how the move will impact the child’s wellbeing and emotional stability.

What if someone initiates a move-away petition against me with my child?

As a non-custodial parent, if the custodial parent submits a move away petition against you, you do have a right to challenge it. If done in good faith and for the right reasons, the custodial parent does have the right to move away and possibly take your child with them, but you can still challenge the request if you feel it is not in the best interested of the child.

Do I need an attorney to work through a child relocation petition?

Yes! It is important to have an attorney work with you through the process to ensure that you and your child’s rights are protected. With something as important as your child’s wellbeing at stake, it is important to work with an experienced child relocation and family law attorney.

Trust the tough child relocation attorneys at Kendall Gkikas & Mitchell, LLP to fight hard for your rights as a parent.

When it comes to your child’s wellbeing and your rights as a parent, you can never be too cautious. If you are seeking to relocate with your child or have had a move-away petition filed against you, you need an experienced attorney on your side. That’s why you should turn to the skilled team of child relocation attorneys at Kendall Gkikas & Mitchell, LLP. We will work tirelessly to ensure that your child and your rights as a parent are protected. Contact us today at 909-482-1422 to schedule your consultation!

Kristina Kendall-Gkikas
Kendall & Gkikas LLP
143 N. Harvard Avenue, 2nd Floor
Claremont, CA, 91711 USA
909-482-1422