Get expert help with move-away petitions from a child relocation attorney in Montclair CA
For parents with custody agreements, one parent running off with the child without the other’s knowledge or consent is a common fear. Did you know that there is a legal process to follow when a parent wants to move away with their child? It’s called a move-away petition, and it helps ensure that both parents get a say in whether a relocation is best for their child. Before you initiate or respond to a move-away petition, it is important to consult a child relocation attorney in Montclair CA who can explain your rights and your co-parent’s rights to you.
Initiating a Move-Away Petition
If you are a custodial parent, before you relocate with your child you must file a move-away petition with the local court. So long as you can prove you have a valid reason for the move and the move is in your child’s best interests, your petition will most likely be granted. In determining whether to grant or deny your petition, the court will consider:
- The age of the child
- The current relationship with the parents
- The impact on the non-custodial parent’s access to the child
- The impact of the move on the child’s well-being and emotional stability
By hiring a child relocation attorney in Montclair CA to prepare your petition, you can ensure that all of these factors are addressed in a convincing argument in favor of your move.
Challenging a Move-Away Petition
An experienced child relocation lawyer in Montclair CA like Kendall & Gkikas can also help non-custodial parents respond to petitions initiated by their exes. When challenging a move-away petition, the key is often proving that the alleged benefit to the child does not outweigh the detrimental effect of the move on the child’s contact with their other parent. Under California legal precedent, frequent contact with both parents is almost always presumed to be in the child’s best interests. If the custodial parent absolutely must move, but the court does not approve it, you may be able to petition for primary custody of your child. If your challenge is successful, your co-parent will not be able to move without relinquishing primary custody of the child.
Why You Always Need a Child Relocation Attorney in Montclair CA
A child relocation attorney’s work goes far beyond initiating and challenging move-away petitions. Your child relocation attorney in Montclair CA can also assist you in petitioning for modifications to child custody and visitation agreements that will be necessary to ensure the best interests of the child continue to be protected after one parent relocates. So, even if you do not plan to contest the move-away petition, you will still want a qualified attorney from Kendall & Gkikas on your side.
Call Now For an Appointment with a Child Relocation Lawyer in Montclair CA
If you want to get advice from an experienced child relocation lawyer in Montclair CA, call now to schedule an initial consultation with Thomas Kendall or Kristina Kendall-Gkikas.