How Do I File a Move-Away Petition?

Relocating with your child after a divorce or separation isn’t as simple as making the decision to move. If your planned move impacts an existing custody arrangement, you’ll need to file a move-away petition with the court. This legal process ensures that the court can evaluate whether the relocation is in the best interests of your child. At Kendall Gkikas & Mitchell, LLP, we’re here to help you navigate this complex process as your trusted child relocation attorney in Walnut CA. Keep reading for a step-by-step guide to filing a move-away petition!

What Is a Move-Away Petition?

A move-away petition is a legal request filed with the court by a custodial parent who wishes to relocate with their child. This petition is required if the move will disrupt the existing custody arrangement or significantly reduce the other parent’s time with the child. Filing this petition ensures that the court has an opportunity to review the proposed move and its potential impact on the child.

Steps to File a Move-Away Petition

A skilled child relocation attorney in Walnut CA can help you with the move-away petition process. Before filing your petition, notify the other parent of your intention to relocate. California law typically requires this notice to be in writing and provided at least 45 days before the planned move. This notice gives the other parent an opportunity to agree to the relocation or object to it.

If the other parent objects to the move, you’ll need to file a Request for Order (RFO) with the family court. This document formally requests a modification to the custody agreement to allow the relocation. Your RFO should include:

  • Details about the proposed move, including the new location and reasons for the relocation.
  • A proposed revised custody or visitation schedule that accommodates the move.
  • Evidence supporting the benefits of the move for your child.

To strengthen your case, you will also need to gather evidence that demonstrates why the move is in your child’s best interests. This evidence might include documentation of job opportunities or improved financial stability in the new location, information about better educational, social, or healthcare opportunities for your child, or details about a stronger support system, such as family or community ties, in the new location. Your attorney can help you compile and present this evidence effectively.

Once your petition is filed, the court will schedule a hearing where both parents can present their arguments. As the relocating parent, you’ll need to show that the move is in the child’s best interests and that it won’t negatively impact their relationship with the non-relocating parent. Your attorney will advocate for your case, addressing concerns raised by the other parent and emphasizing the benefits of the relocation.

After the hearing, the judge will evaluate the evidence and make a decision based on the child’s best interests. If your petition is approved, the court will issue a modified custody order reflecting the new arrangements. This order will detail changes to visitation schedules, transportation responsibilities, and any other relevant terms.

Contact Kendall Gkikas & Mitchell, LLP for Help with Move-Away Petitions

If you’re planning to relocate with your child and need to file a move-away petition, Kendall Gkikas & Mitchell, LLP is here to assist. Contact us today at 909-482-1422 to schedule a consultation with an experienced child relocation attorney in Walnut CA. We’ll help you navigate the process and fight for a custody arrangement that works for you and your child!