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Sherman Oaks Move Away Attorney

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After a divorce, life continues to evolve, and new opportunities may arise for one or both parents. A job change, remarriage, access to better schools, or being closer to extended family can lead to a desire to relocate. 

However, when minor children are involved, moving away with the child can cause strong emotions and often conflict. When a parent moves away, it can disrupt the bond between the children and the non-relocating parent. 

At Diarian & Bociaga, our dedicated family law attorneys in Sherman Oaks are experienced in guiding clients through these relocation issues. Whether you are the parent seeking to relocate with your children to pursue new prospects or are the parent trying to maintain the existing custodial arrangement, we are prepared to advocate aggressively on your behalf. Contact us by calling (818) 205-9090.

The Role of Custody

Under California law, a parent with sole physical custody has a presumptive right to relocate with their children, subject to certain limitations. The court can intervene to prevent a move that would be detrimental to the children’s rights or wellbeing. In fact, a California custodial parent does not need to demonstrate the necessity for the relocation, if the move is made in good faith. 

The non-custodial parent can challenge the proposed relocation by seeking a custody modification. To do so, they must show that there has been a substantial change in circumstances that necessitates a custody change for the children’s welfare. Additionally, the non-custodial parent bears the burden of proving that the relocation would be detrimental to the children. 

If the parents share joint legal custody, the situation is somewhat different. In such cases, the court must evaluate the proposed relocation anew, without favoring either parent’s position. The court’s primary consideration is determining the custody arrangement that serves the child’s best interests. A Sherman Oaks child custody attorney can assist you with these complications.

Other California Relocation Considerations

The court’s primary concern is determining the course of action that best serves the children’s interests. During a hearing, the court will carefully consider the non-relocating parent’s objections to the proposed relocation considering what is truly in the children’s best interests. Relevant factors may include:

  • The distance of the proposed relocation
  • The ages of the children
  • The strength of the children’s relationships with each parent
  • The importance of maintaining stability and continuity in the existing custodial arrangement
  • The extent to which the parents currently share custody responsibilities
  • The amount of time each parent dedicates to the children and contributes to parenting duties
  • The parents’ ability to cooperate and communicate effectively to support their children’s well-being
  • The motivations behind the proposed relocation
  • The children’s preferences, if they are mature enough for their input to be considered

How a Sherman Oaks Move Away Lawyer Can Help

In most cases, an approved relocation will necessitate modifications to the existing visitation plan. Likewise, if a proposed relocation is denied and the parent still intends to move without the children, a modification to the child custody and visitation arrangement may be warranted. Our experienced Sherman Oaks move away attorneys are well-versed in navigating these complex issues and will work tirelessly to protect your parental rights and ensure the best possible outcome for your children. Contact us today to discuss your relocation case.