When your ex wants to move away with your child, it can be a stressful and emotional situation. Whether the move is due to a job opportunity, being closer to family, or another reason, you likely have questions about your rights as a parent and what options you have. It is important to know that the decision isn’t up to your ex alone—there’s a legal process that must be followed. At Kendall Gkikas & Mitchell, LLP, we’re here to help you understand your rights and help you through that process. Keep reading to learn more from an experienced child relocation attorney in Rancho Cucamonga CA!
Understanding Move-Away Cases in California
In California, when one parent wants to move away with the child, it’s considered a “move-away” case. The moving parent must either get the consent of the other parent or seek permission from the court. The court’s primary concern in these cases is the best interests of the child, and the outcome will depend on several factors, including the type of custody arrangement currently in place.
If your ex has sole physical custody of your child, they generally have more freedom to relocate. However, they are still required to notify you of the move and may need to prove to the court that the move is in the best interests of the child if you object. If you share joint physical custody, your ex will have a more difficult time getting court approval for the move without your agreement.
Factors the Court Considers in Move-Away Cases
When deciding whether to allow your ex to move away with your child, the court will consider a variety of factors to determine what is in the best interests of the child. Some of the key factors include:
- The reason for the move
- The impact on your relationship with your child
- The child’s needs and stability
- The relationship between the child and both parents
- The child’s preferences
How to Respond to a Move-Away Request
If your ex notifies you of their intention to move with your child, you’ll need to respond quickly. Here’s what you can do:
- Review the custody agreement: Check your current custody order to understand your rights. If you share joint custody, your ex will likely need court approval before moving.
- File an objection: If you disagree with the move, you can file an objection with the court. This will trigger a legal process in which both parties present their cases, and the judge will decide.
- Gather evidence: Collect evidence to support your objection, such as proof that the move would disrupt your child’s schooling or impact your relationship. Your attorney can help you build a strong case.
- Consider mediation: In some cases, mediation may help you and your ex reach a compromise, such as a modified custody arrangement that allows for the move while maintaining your visitation rights.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation Cases in Rancho Cucamonga CA
Child relocation cases can be complicated and emotionally charged, but having an experienced attorney on your side can make a significant difference. At Kendall Gkikas & Mitchell, LLP, we understand how high the stakes are in these cases and are dedicated to protecting your rights as a parent. Whether you’re fighting to prevent your ex from moving away or negotiating a new custody arrangement, we’re here to support you every step of the way. If you’re facing a move-away case and need expert legal guidance, Kendall Gkikas & Mitchell, LLP is here to help. Contact us today at 909-482-1422 to schedule a consultation with a knowledgeable child relocation attorney in Rancho Cucamonga CA!
