Relocating with your child when you share custody can be a challenging process. In California, you can’t simply pack up and move if you share custody, even if you have a good reason. You must first file a child custody modification and get approval from the court. At Kendall Gkikas & Mitchell, LLP, we are here to guide you through the legal process to help ensure your relocation request is handled properly. Keep reading to learn more about how to file a child custody modification and how we can help as your trusted child relocation attorney in Orange CA.
1. Review Your Current Custody Agreement
The first step in filing a child custody modification is to carefully review your current custody agreement. This document will outline whether relocation is addressed and if there are any restrictions or conditions in place. In some cases, the custody agreement may specify that both parents must consent to a move, or it might establish guidelines for how to modify custody in the event of a potential relocation.
2. Speak to Your Co-Parent
It’s always best to have an open discussion with your co-parent before filing a formal modification request. If your co-parent agrees to the move, it can simplify the process significantly. You may be able to submit a joint request for modification to the court, showing that both parties are in agreement. If your co-parent opposes the relocation, however, you will need to file for a modification and present your case in court.
3. Prepare and File a Request for Custody Modification
Once you’ve reviewed your custody agreement and spoken to your co-parent, the next step is to prepare and file a request for custody modification. This legal document outlines your desire to relocate, the reasons for the move, and how the new arrangement will benefit your child.
4. Provide Evidence Supporting the Relocation
You must provide evidence that supports your case. This evidence might include details about the move, such as better educational opportunities, closer proximity to family support, or a new job that will improve the child’s quality of life. Additionally, you’ll need to show that the relocation will not unfairly disrupt your co-parent’s relationship with the child.
5. Attend the Custody Hearing
After filing your modification request, the court will schedule a hearing. During this hearing, both you and your co-parent will have the opportunity to present your arguments. The court will consider several factors, including the reason for the move, the impact on the child’s relationship with both parents, and the overall benefits of the relocation. It’s important to be prepared with a clear and well-supported case to improve your chances of getting the modification approved.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Custody Modifications in Orange CA
Relocating with your child requires following the proper legal steps, including filing a custody modification request. At Kendall Gkikas & Mitchell, LLP, we understand the complexities of child relocation cases and are here to help you through the process. If you need help with a child custody modification to relocate, contact us today at 909-482-1422 to schedule a consultation!
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