Both parents need legal representation when a potential relocation or “move away” is at issue. Whether you are trying to negotiate a modification, or your case is going to court, The Law Office of Taylor B. Warner, APLC can provide you with effective legal representation with an understanding of your needs and California law.
The decision a court would reach depends entirely on the circumstances, factoring in the relationship that both parents had with a child before the proposed move and what the relocation may mean for the parent. The best interests of the child are paramount, but the key is how you frame your arguments.
Call the Law Office of Taylor B. Warner, APLC to discuss your particular relocation manner. We understand that the stakes could not be higher, and we will handle your matter with sensitivity while advocating for your rights and what is best for your children. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.
The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.
Circumstances may change once the court enters a custody order. For whatever reason, one parent may need to move. Things can become very difficult when the relocation involves the parent with physical custody. Relocation involves a modification to the custody order. Since relocation may threaten one parent’s continued access to the children, these cases are often hotly contested.
The way a court addresses relocation depends on the existing legal arrangement. Under California law, if a parent is entitled to custody, there is a presumption that they can move away. The other parent may be able to show why the other parent should be allowed to relocate, but the burden of proof is on that parent to show how the move will harm the child.
The situation is far different when parents share physical custody, or when the children have closer to an equal split of time between the two parents. Then, whether a parent could relocate may be a much closer call.
Relocation matters are addressed using the same factors as any other child custody matter. The court would look at the best interests of the child. The parent does not have to prove that the move is “necessary” for the court to grant the request.
In Re Marriage of LaMusga rejected the use of any bright-line rules for courts to use in determining relocation cases. Instead, the court should consider a number of factors that could include:
Like any custody case, a judge has a fair amount of discretion in determining relocation. They can decide which factors are more important than others. Depending on the ages of the children involved, they may even interview the children to determine their wishes.
Parents may resolve relocation issues in one of two ways:
If you agree on a relocation modification, it would become part of a court order. It could only be changed through a subsequent modification, which may be difficult to obtain. Therefore, it is essential to both understand your rights and know exactly what you are signing. An experienced family law attorney could negotiate with the other parent’s lawyer to help you reach an agreement. You should not try to negotiate relocation yourself because you may not even know of the legal standard and your rights as a parent.
Even when the parties may agree on relocation (or the court orders it), there are more issues to consider. The court would still want the other parent to be able to see the children. The judge may try to maximize the amount of time around summer breaks and holidays.
There are other issues for you to consider in a relocation case, including:
Reach out to the Law Office of Taylor B. Warner, APLC for your legal needs, both during the divorce and afterward. A family law attorney can advise and advocate for you on any potential modifications. To speak with a lawyer, you can call us today at 909-466-5575.
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