Going through a divorce or separation is never a walk in the park, especially when children are involved. Even with a child custody order in place, there might still be uncertainty looming over your head, and the possibility of your ex moving away with your child can be a major cause for concern. But is it really that easy for them to pack up and leave with your child? Well, the answer isn’t so simple. It depends on the circumstances surrounding the move. In this blog, we’ll dive into the world of child relocation and custody, and how Kendall Gkikas & Mitchell, LLP can provide the guidance and support you need in these complex situations.
Can my ex move away with my child?
The short answer is it depends. If the move is made in good faith, custodial parents may have the right to relocate and take their children with them. However, certain procedures need to be followed to ensure that the move is in the best interest of the child. To initiate this process, the custodial parent must file a child relocation petition.
A child relocation or move-away petition is a document filed with the family court when one parent wishes to move away with the child. The petition must contain details about the reason for the move and why it’s in the child’s best interest.
After the petition is filed, the court will consider several factors, including:
- The child’s age
- The current relationship between the child and both parents
- The impact of the move on the non-custodial parent’s access to the child
- The potential effects of the move on the child’s well-being and emotional stability
It’s important to note that filing a move-away petition doesn’t guarantee that it will be granted. If your ex has started the process, you’ll need to respond accordingly.
How to respond to a move-away petition
To prevent your ex from moving away with your child, you can challenge the move-away petition. You’ll need to convince the judge that the move wouldn’t be in the child’s best interest. To present the strongest case possible, it’s crucial to enlist the help of a knowledgeable family law attorney.
Seek help from Kendall Gkikas & Mitchell, LLP for your child custody case!
If you’re concerned about your ex moving away with your child, it’s time to act. Kendall Gkikas & Mitchell, LLP is here to help. With over 30 years of experience in family law services, our team can provide guidance on child custody orders and relocation petitions. Don’t wait to protect your child’s best interests—give us a call today at 909-482-1422 to schedule your initial consultation and discuss your case.
To learn more about the reliable and quality divorce services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
