If you are thinking about relocating with your child but share custody, it’s important to follow the proper legal steps. Relocation cases can be challenging and often require court approval, especially if your co-parent doesn’t agree with the move. At Kendall Gkikas & Mitchell, LLP, we understand how stressful this process can be and are here. Keep reading to learn more about the steps you need to take before relocating and how we can assist you as your child relocation attorney in Ontario CA.
1. Review Your Custody Agreement
The first step in relocating with your child is to review your custody agreement. Some custody agreements contain specific clauses about relocation that outline how far you can move or what procedures you need to follow. Before taking any action, it’s crucial to understand what your existing agreement allows.
2. Discuss the Move with Your Co-Parent
Even if your custody agreement doesn’t require your ex’s approval for a relocation, it’s usually best to have an open and honest conversation with your co-parent. Clear communication can help avoid misunderstandings and conflicts down the road. If your ex agrees to the move, you may be able to avoid a lengthy court battle by drafting a new custody agreement together. However, if your co-parent opposes the move, you will need to take the next step and file a petition with the court.
3. File a Move-Away Petition with the Court
If your co-parent does not agree to the relocation, you will need to file a move-away petition with the court. This legal document outlines your reasons for relocating and why the move would benefit your child. It’s important to work with an experienced family law attorney to ensure your petition includes compelling arguments and meets all legal requirements.
4. Prepare for a Custody Hearing
After filing a move-away petition, the court will schedule a hearing to review your case. During this hearing, both you and your co-parent will have the opportunity to present arguments. The court will consider several factors, including the reason for the move, how it will impact the child’s relationship with both parents, and whether the relocation serves the child’s best interests.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation Cases in Ontario CA
Relocating with your child when you share custody can be a complex legal process, but Kendall Gkikas & Mitchell, LLP is here to help. As your trusted child relocation attorney in Ontario CA, we will guide you through every step, from filing the petition to representing you in court. If you are considering relocating and need legal assistance, give us a call today at 909-482-1422 to schedule a consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web.
