Are you thinking about relocating with your child? Whether it’s for a new job, to be closer to family, or for a fresh start, moving after a divorce can be complicated—especially if you share custody. California law has strict rules regarding child relocation, and failing to follow them could result in legal consequences. Keep reading to learn what steps you need to take and how a child relocation lawyer in Orange CA can help.
Check Your Custody Agreement
The first step in determining whether you can move with your child is to review your existing custody agreement. If you have sole legal and physical custody, you may have more flexibility in relocating, but you still need to notify the other parent. If you share joint custody, both parents typically have equal say in major decisions, including moving. Many custody agreements have specific provisions about relocation, so it’s essential to check your order before making any plans.
Filing a Move-Away Petition
If your co-parent does not agree to the move, you will need to file a move-away petition with the court. In this petition, you must explain the reasons for the relocation and demonstrate that the move is in your child’s best interests.
The court considers several factors when evaluating a relocation request, including:
- The reason for the move, including job opportunities, education, or family support.
- The distance of the relocation and its impact on the child’s relationship with the non-moving parent.
- The child’s age, needs, and existing relationship with both parents.
- Whether the move will improve the child’s quality of life.
Because move-away cases can be highly contested, having legal representation is crucial. A skilled child relocation lawyer in Orange CA can help you build a strong case and present compelling evidence in court.
What Happens If the Other Parent Objects?
If the other parent opposes the move, they can file an objection and present their case to the court. In these situations, both sides will have the opportunity to argue why the move should or should not be allowed. The court’s primary concern is the child’s best interests, not the preferences of either parent. If the judge determines that the relocation would negatively impact the child’s relationship with the other parent or disrupt their stability, they may deny the request. However, if you can show that the move will provide meaningful benefits for your child while still allowing a healthy relationship with the other parent, you may have a better chance of gaining approval.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation Cases in Orange CA!
If you are considering moving away with your child, it’s important to follow the legal process to avoid complications or legal consequences. The good news is that a child relocation lawyer in Orange CA can help you navigate the process, file the necessary paperwork, and advocate for your rights. At Kendall Gkikas & Mitchell, LLP, we have experience handling move-away cases and will work diligently to help you achieve the best outcome. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
