When you have a child with someone, it ties you to them at least until the child is 18, for better or worse. When you divorce a spouse, your lives may separate legally, but you are still often required to parent together through a court order. Our Sherman Oaks child custody attorney with Diarian and Bociaga can talk with you and help you determine the best course of action for yourself and your child.
Child Relocation in California
People may choose to relocate with their child for many reasons, whether they are due to professional or personal goals. This is called a child relocation or move-away case. If the custodial parent is moving to an area that won’t interfere with your current orders to visitation and has notified the noncustodial parent, this generally will not be an issue, according to the California courts.
While the court orders provided at the final decision of your divorce and custody case are typically permanent, modifications are possible. The judge may do one of two things depending on the specific situation. They may allow the custodial parent to move unless the noncustodial parent can show the move will somehow harm the child. They may also prevent the custodial parent from moving with the child unless they present a good reason or demonstrate a clear benefit to the child.
Whether you are the parent wanting to move with the child or the non-custodial parent who must consent for the child to move with the other parent, you should consider consulting with an attorney. This can help you protect your rights to see your child or make sure you are not doing anything to violate a standing court order.
Steps to Relocate
The first steps to relocate with your child should be to notify the child’s other parent of the desire or intention to move, as well as the desired new location. You may benefit by providing options for visitation agreements and a plan for maintaining contact between your child and the other parent.
Considerations for Child Relocation in Sherman Oaks
If you can come to an amicable agreement on your own, you can present it to the judge for a modification of the current order. Pending any significant issues, it is likely to be approved. If you cannot agree on your own, you may seek support through mediation.
Court Considerations
If you cannot agree on your own or through mediation, you can take your case to the judge, and they can decide and provide a new order. The needs of each case can be very different, so some of the factors that can impact the judge’s decision may include:
- How far the move is and how that may impact visitation
- The current custody arrangement and how much time the child is currently getting with each parent
- Relationship between the parents and considering how likely the custodial parent is to continue to facilitate a relationship between the child and noncustodial parent
- The child’s age and what they desire
California operates in the best interest of the child. Therefore, if a parent can present a plan that shows obvious benefit or harm to the child, this may significantly impact your case with the judge. Additional factors may include educational opportunities available to the child or other support systems, such as extended family in the desired new location.