Parents who have physical custody of their children may eventually be presented with the need to relocate, moving their family to a new home, city, or state. This may be for a new job opportunity, to be closer to family, or to provide better educational opportunities for their child. Relocation can be challenging, however, especially when parents share a joint custody. To understand how a move may affect current custody arrangements, speak with a Huntington Beach move away lawyer.
The attorneys at Quinn & Dworakowski, LLP, offer personal care and compassionate advocacy for parents trying to manage what is most beneficial for their families. With over 40 years of family law experience, our team has handled move away cases for families in and throughout Orange County, helping parents to navigate the complex regulations and establish better futures for themselves and their children.
When a Huntington Beach parent is seeking to move away from their current location with their children, they need approval from the court to allow the relocation. Each case is unique, and the outcome will vary based on the details of your situation. The court will consider several factors, with the child’s welfare and needs taking primary priority. The court will also consider:
While most families consider these factors when making decisions about whether to move or not, parents who share custody are tasked with justifying their reasoning to a state judge. For this reason, it is highly recommended you work with a qualified family law attorney who can advocate on your behalf.
There are any number of reasons why a court may deny a move away request. Ultimately, if the court determines that the move will do more potential harm to the child than good, they may determine it is not in the child’s interest and bar the parent from proceeding. Generally, the court will prevent a relocation when:
When the non-custodial parent objects to a move, they can file a case with the court to contest the relocation. This objection is not automatic, however, and the non-custodial parent is required to provide sufficient justification for their concern.
Parents who have sole custody of their children have a presumptive right to move away. While this does not automatically approve a relocation, that parent may be granted their move away request if:
Parents with joint custody share equal rights with their children and must provide sufficient reason and proof that the move represents a concern for the child’s welfare and benefit.
If no custody order is in place, the court will approve or deny the relocation based on whether it favors the child’s needs and interests or not.
A: Obtaining a move-away order in California can range in difficulty, depending on factors such as custodial arrangements, reasons for the move, objections to the move, and the overall impact the move will have on the child. A substantial reason for the move may be relatively more straightforward, such as for a job opportunity or to bring the child closer to family or educational opportunities. Arbitrary moves or moves objected to by the non-custodial parent may be more challenging.
A: The California Family Code gives custodial parents the presumptive right to relocate their children, change residences, and even move out of state. However, this right is subject to the court’s authority to prevent a move it deems in conflict with the child’s welfare. The reasons for the proposed move will be considered, as will any objections to the move from the non-custodial parent. Ultimately, while the move may be legal, it is up to the discretion of the court.
A: When considering a move away order in California, the courts will consider several factors. First, the age and maturity level of the child will impact how well they will presumably adjust to the move. Second, the distance of the move and the impact it will have on the child’s relationship with the non-custodial parent and other family members will be taken into account. Lastly, the specific reasons for the move will be considered by the court reviewing the move.
A: Moving out of state with your child is a potentially complex legal matter in California. It largely has to do with the custodial arrangement of the child’s parents. For example, if the father has legal custodial rights, an out-of-state move would require his consent. If you don’t have the father’s consent, you will need to obtain a court order approving the move by demonstrating that the move represents the child’s positive well-being.
If you are a custodial parent considering a long-distance relocation, it is important that you begin working with a qualified and experienced move away attorney as soon as possible. The team at Quinn & Dworakowski, LLP, has decades of experience working in family law and can guide you through the potential ways in which your custody arrangement could be modified or changed. For more information, contact our office today.
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