Child custody disputes are some of the most challenging family court cases anyone can face in Fountain Valley. It’s especially likely for disputes over custody to arise when a parent decides to relocate with their child. A Fountain Valley move away lawyer can be a valuable asset if you are planning to relocate or if your co-parent has informed you that they wish to relocate with your child. Consulting legal counsel in family law matters as quickly as possible can help you reach a positive outcome.
Quinn & Dworakowski, LLP, has been helping clients navigate the family court system in all types of cases, including move away disputes. With more than 40 combined years of experience in California family law, our team is confident in our ability to guide you to a positive outcome in any relocation dispute.
Whether you wish to relocate with your child or intend to fight your co-parent’s relocation, you can rely on us to assist you with all aspects of your case. We are seasoned negotiators and can represent you in the courtroom if you must go to the Orange County Superior Court to resolve a move away case in Fountain Valley.
It’s possible for move away disputes to arise between divorced parents or unmarried parents with custody orders. According to 2023 Census Data, about 10.5% of women and 7% of men in California have been divorced, and any time married parents divorce, resolving custody of their children will be a central issue in their divorce proceedings. It’s possible for any parent with any type of custody order to eventually face a relocation dispute.
Your child custody or visitation order in Fountain Valley will stipulate the rules for relocation. If you intend to move with your child as a custodial parent and you have sole custody, it is unlikely that you will require the noncustodial parent’s express consent. If they have visitation rights, they may contest your relocation by claiming that the move would interfere with those rights, but the court will typically side with the custodial parent in these matters.
If you have a joint custody agreement, you must provide advance notice of your move to your co-parent and obtain their express written consent to the move. Your co-parent may contest your relocation, and this will need to be resolved in a family court hearing. A Fountain Valley move away lawyer can be a valuable asset for helping you construct a solid argument as to why the move suits your child’s needs and interests.
When your co-parent has notified you that they wish to move with your child, you have the right to contest this relocation. The court will evaluate many factors in determining whether a relocation is suitable for the child, such as the parent’s motivation for the move, the child’s age, their medical, developmental, and special needs, and whether the move would negatively impact the child’s safety and well-being.
You may contest the relocation, and if your co-parent still wishes to move, it could lead to a reconfiguration of your custody order, granting you greater physical custody of your child while allowing your co-parent to relocate. Ultimately, these cases can be contentious in many ways, so it’s important to consult a Fountain Valley move away lawyer right away if you are confronted with either side of a relocation dispute.
In Fountain Valley, the rules for relocating with a custody order are stipulated within the order itself. Your court order will dictate when notice is required for relocation and the timeframe in which that notice must be provided. Typically, any move that would affect the non-relocating parent’s custody or visitation schedule will require advance notice and express written consent from the non-relocating parent.
To contest your co-parent’s move away petition, you will need to prove that the proposed relocation would violate your custody or visitation rights, present some type of danger to your child’s health or safety, or violate their rights in some way. A Fountain Valley move away lawyer can help you construct a solid argument against your co-parent’s move away order and prepare you for the hearing that this will entail.
The distance you can move with a child custody order in California that would require your co-parent’s consent is dictated by the terms of your custody order. Typically, if a relocation would not affect the co-parent’s custody or visitation rights, you will need to give them advance notice of the move, but their written consent is not required. If you are moving farther than the distance specified by your order, then the co-parent’s express written consent is required.
Parental kidnapping can be defined as any willful violation of a custody order or when a parent keeps, conceals, or otherwise prevents their co-parent from access to the child. For example, a noncustodial parent may have visitation rights but be restricted in how far they may take their child during visits. They may be prohibited from taking them across state lines, and doing so could constitute parental kidnapping.
You should hire a Fountain Valley move away lawyer to have a better chance of reaching a positive outcome for your case. Whether you are attempting to relocate with your child or you intend to fight your co-parent’s relocation, your attorney can help you prepare for your hearing and construct the strongest possible argument. You’re more likely to reach a positive outcome with an experienced attorney’s assistance.
Quinn & Dworakowski, LLP, can provide compassionate and responsive legal representation on either side of a relocation dispute in Fountain Valley. We know how contentious these issues can be and that you are likely to have many questions about what to expect. Contact us today and schedule your consultation with a Fountain Valley move away lawyer to learn how our team can assist you with your case.