It can be overwhelming to manage the stress of a big move due to a career change, taking that next step in a new relationship, or leaving your home to care for a long-distance family member. These stressors can grow when your children are involved. If you are a parent who is attempting to relocate your child after a divorce, or if you are a parent attempting to contest the relocation of your child, your first step should be to seek the counsel of a Hermosa Beach relocation lawyer.
At Rombro & Manley LLP, we understand that life moves fast, and major life decisions cannot be mediated endlessly in court. That is why our priority is to negotiate a quick and fair settlement on your behalf. Hire a relocation lawyer with over 40 years of experience in California family law.
Co-Parenting and Relocation in California
In Hermosa Beach, a parent is allowed to move with their child as long as they notify the other parent, and the move does not interfere with the parenting agreement, shared time of the child, or the best interests of the child. If the other parent is not notified at least 45 days prior to the move, or if they contest the move, legal action might be required. If you are facing the stress of a relocation case, a Hermosa Beach family lawyer or relocation attorney can assist.
There could be many reasons to petition for changes to a parenting agreement or custody order. When it comes to relocation requests, the most common reasons are:
A new career opportunity or job change
Special needs or medical needs of the child
Education opportunities for the child
The parent requesting the move is getting remarried or moving in with a new partner.
An extended family member requires care.
The move will improve the quality of life for the parent and the child.
With about 27.1% of children under 21 in the United States living with one parent, the list of reasons parents might need to move is vast, but the important factor in most relocation cases is distance. If the parent who is not moving feels the move is not in the child’s best interest, or if the move is too far away to stick to the agreed-upon time-share of the child, the parent might have a case for dispute.
Custodial parents are protected under California Family Code 7501, giving them the right to change the residence of their child as long as the move is in the child’s best interests and does not disrupt the current custody agreement. Keep the following in mind if you are looking to relocate with your child:
You must provide the other parent with a written 45-day notice of the planned move. This allows your child’s other parent to contest the relocation.
If your relocation is challenged and your case goes to negotiation or court, the best interests of the child will be the priority in discussions.
The current custody agreement might have a bearing on your relocation case. Joint custody relocation cases tend to be reviewed more closely than cases with a sole custody parent.
There are legal consequences to moving and relocating your child without giving notice or without waiting for the relocation case to settle. You could be charged with contempt of court, accused of kidnapping, or have custody orders changed by a judge.
How Hard Is It to Be Successful With a Relocation Case?
While the difficulty in being successful with a relocation case cannot be measured, it is advised that you have the experience of a Hermosa Beach relocation attorney to help you build a favorable case. In a relocation case, the best interest of the child is the lens through which decisions are made. The parent requesting to relocate needs a legitimate reason for moving, a willingness to work civilly with the other parent, and a detailed parenting plan for the child’s future.
How to Obtain a Move Away Order in California?
In order to obtain a move-away order in California, you must file the appropriate paperwork, give written notice to the other parent, prove the necessity for the move, attend mediation, and potentially go to trial. It is common for parents to obtain a move-away order if they are required to move for a job, housing, or to support a family member in need. A detailed parenting plan is considered evidence or proof in such a case.
What Parents Qualify for Relocation?
If a parent has sole custody of a child, that parent has a presumptive right to move. That being said, even in sole custody parenting plans, the other parent can still challenge the move if they can prove it is detrimental to the child. If there is a joint custody agreement, the parent wishing to relocate must prove that it serves the child’s best interest. Parents have 45 days to provide the other with written notice of plans to move.
Do Law Firms Offer Move Away or Relocation Assistance?
Yes, law firms like Rombro & Manley LLP are here to offer assistance in your California relocation case. Whether you are the parent requesting the move or you are contesting a relocation request made by the other parent, a Hermosa Beach relocation lawyer is here to help build a strong case and navigate the complexities of family law. Assistance depends on the nature of your case, so speaking with a relocation attorney early can save you time and money.
Hire a Hermosa Beach Relocation Lawyer
Relocating a separated family can be difficult for both parents and the children involved. If you are attempting to file for relocation, or if you are contesting the relocation of your child’s other parent, hire a Hermosa Beach relocation attorney to assist you with the tight filing deadlines and throughout the negotiation process or court proceedings. With over 40 years of combined experience in family law, you can trust the attorneys at Rombro & Manley LLP to handle your case with the discretion and careful attention that you and your family deserve. Contact us today to get started.
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