Child custody disputes become even more complicated when one parent wants to relocate with the child. If your ex has mentioned plans to move away, you may be wondering about your rights and what you can do to prevent the move. In California, relocation cases are taken seriously, and the court’s primary focus is always the best interests of the child. At Kendall Gkikas & Mitchell, LLP, we understand how stressful and emotional these situations can be, and we’re here to guide you through the legal process as your child relocation attorney in Riverside CA. Keer reading to learn more!
Understanding the Legal Process
When a parent wants to move away with the child, they can’t simply pack up and leave if the move would disrupt an existing custody arrangement. California law requires the moving parent to either get consent from the other parent or seek approval from the court. If you share joint physical custody, your ex will have to prove that the move is in the best interests of the child. If your ex has sole physical custody, they may have more flexibility, but you still have the right to object and request a court hearing.
Factors the Court Considers
In deciding whether to allow the relocation, the court will evaluate a variety of factors. The goal is to determine what arrangement serves the best interests of the child. Key considerations can include:
- Reason for the move
- Impact on the child
- Relationship with both parents
- Ability to maintain visitation
- Child’s preference
Your Rights and Options
If your ex plans to move and you don’t agree, you need to act quickly. You have the right to object and request a court hearing. During this process, both you and your ex will present your arguments, and the judge will make a decision based on the factors mentioned above. To strengthen your case, you can present evidence showing how the move would negatively impact your relationship with your child or disrupt their stability.
How to Prepare Your Case
Successfully opposing a move-away request often requires a strategic approach. Here’s what you can do:
- Document your involvement: Keep records of your time spent with your child, including school activities, weekend visits, and holidays.
- Show your stability: Demonstrate your ability to provide a stable home environment, both emotionally and financially.
- Work with a child relocation attorney: A skilled attorney can help you gather evidence, present your case effectively, and advocate for your rights.
Contact Kendall Gkikas & Mitchell, LLP for Child Relocation Help
Navigating a relocation case can be overwhelming, but you don’t have to do it alone. At Kendall Gkikas & Mitchell, LLP, our experienced child relocation attorneys can help you understand your rights, build a strong case, and protect your relationship with your child. We’ll guide you through each step, whether that means negotiating a new custody arrangement or representing you in court. If you’re facing a move-away case and need expert legal support, Kendall Gkikas & Mitchell, LLP is here to help. Contact us today at 909-482-1422 to schedule a consultation with a dedicated child relocation attorney in Riverside CA!
