When a parent wants to move away with their child after a divorce or separation, it’s not as simple as packing up and leaving. California courts take child relocation cases very seriously, and the process can be complex and emotional. Whether you’re seeking a fresh start in a new city or relocating for a job opportunity, you need to understand the legal implications and what the court will consider before allowing you to move away with your child. At Kendall Gkikas & Mitchell, LLP, we specialize in child relocation cases and are here to guide you through this challenging process as your child relocation attorney in Phillips Ranch CA. Keep reading to learn more!
Understanding Move-Away Cases
In California, a move-away case arises when one parent wants to relocate with the child. The parent wishing to move must often seek permission from the court if the relocation will significantly impact the existing custody arrangement or make it difficult for the non-moving parent to maintain a meaningful relationship. The court’s decision will be based on the best interests of the child, and the burden of proof depends on the type of custody arrangement in place. If the parent wishing to move has sole physical custody, they have a better chance of being allowed to relocate. However, if both parents share joint physical custody, the moving parent must demonstrate that the move is in the child’s best interests.
Factors the Court Considers in Relocation Cases
The court will look at a variety of factors when deciding whether to grant permission for a parent to move away with the child. These factors include:
- The reason for the move
- The impact on the child
- The child’s relationship with both parents
- The child’s preferences
- The current custody arrangement
Steps to Take If You Want to Relocate with Your Child
If you’re considering a move, it’s important to follow the correct legal procedures to avoid jeopardizing your custody rights. The first step is to discuss your plans with your co-parent and try to reach an agreement. If you both agree on the relocation and can create a new custody arrangement, you can submit this agreement to the court for approval. However, if your co-parent opposes the move, you’ll need to file a formal request with the court and present evidence to support your case.
How a Child Relocation Attorney Can Help
At Kendall Gkikas & Mitchell, LLP, our experienced child relocation attorneys in Phillips Ranch CA understand the challenges you’re facing and are here to advocate for you. We’ll help you build a strong case by gathering evidence, presenting your reasons for the move, and demonstrating how the relocation will benefit your child. Whether you’re seeking to relocate or fighting to keep your child in the same area, having a skilled attorney by your side can make all the difference. We’ll guide you through the legal process, negotiate on your behalf, and represent you in court if necessary.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation
If you’re considering relocating with your child or need to oppose a move-away request, don’t navigate the process alone. Kendall Gkikas & Mitchell, LLP is here to provide the legal support you need. Trust our 31 years of experience and let us put our skills to work for you! Contact us today at 909-482-1422 to schedule a consultation with a knowledgeable child relocation attorney in Phillips Ranch CA.
