Relocating with your child after a divorce or separation can be a complicated and emotional decision. While moving may be necessary for job opportunities, family support, or other personal reasons, it becomes more complex when child custody is involved. California courts take relocation requests very seriously because of the potential impact on the child’s relationship with the non-relocating parent. If you are considering relocating or need to respond to a relocation request, here’s what you need to know about child custody and relocation, and why working with a child custody lawyer in Fontana CA is essential.
Understanding Relocation in California Custody Cases
In California, child custody relocation cases can arise when a parent with primary custody wants to move a significant distance away. The court’s priority in these cases is always the best interests of the child, and any relocation that could affect the child’s relationship with the other parent will be closely scrutinized. If you have sole or primary physical custody, you may have an easier time obtaining court approval for a move. However, if both parents share joint physical custody, the parent wishing to relocate must demonstrate that the move is in the child’s best interests. Regardless of your custody arrangement, relocation is a legal process that typically requires court involvement, and it’s important to seek legal guidance early on.
Factors the Court Considers in Relocation Cases
In relocation cases, the court carefully evaluates several factors to determine whether the move is in the best interests of the child. These factors include:
- The Reason for the Move
- The Impact on the Child’s Relationship with the Other
- The Child’s Best Interests
- The Distance of the Move
- The Existing Custody Arrangement
The Legal Process for Relocation
If you are the parent seeking to relocate, you must file a request with the court to modify the existing custody order. This request should include your reasons for the move and how you plan to maintain the child’s relationship with the other parent. You may also need to propose a new visitation schedule that accommodates the distance.
If you are the parent opposing the move, you can file an objection, and the court will schedule a hearing to determine whether the relocation is in the child’s best interests. Both sides will have the opportunity to present evidence, including testimony, documents, and expert opinions, to support their case.
Why You Need a Child Custody Lawyer in Fontana CA
Relocation cases can be complex and emotionally charged. That is why having an experienced child custody lawyer in Fontana CA by your side can make all the difference. At Kendall Gkikas & Mitchell, LLP, we understand the intricacies of relocation cases and are committed to helping you achieve the best possible outcome. Whether you are seeking to relocate or challenging a move, we are here to help. Contact us today at 909-482-1422 to schedule a consultation and learn how we can assist you with your child custody and relocation case.
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