Moving and relocation are often a necessity for families in Irvine, CA, but the situation can become more complicated for a separated couple. Parents who have a custody arrangement for their children must follow certain court procedures when planning to move. If their co-parent objects to the relocation, then the moving parent must get approval from the court to relocate with their children. The court holds the child’s interests as its main priority when making any decision involving children.
This is a fairly complex legal issue that can be emotionally upsetting for many families. Even when both parents disagree, they may be genuinely defending their child’s interests. A relocation can even lead to a modification of child custody. Working with an attorney is often important to advocate for your interests during a relocation request.
Our attorneys can help your family, whether you are filing a request for relocation or contesting a relocation in Irvine and the Orange County area. At Quinn & Dworakowski, LLP, we have over 40 years of experience representing families in family court. We know how much these cases mean to your family and how the outcome can affect your life. That’s why we use that experience to fight for your and your child’s interests. We want to help protect your family’s future and fight for the ideal outcome of your relocation case.
If both parents have joint physical custody, either parent who wishes to relocate must prove that it is in the child’s interests and to their benefit.
Frequently, the parent requesting relocation is the sole custodial parent. They generally have the right to move with their child as long as they notify the other parent. However, if their co-parent disagrees with the relocation, they can file with the court to prove that the relocation is not in the child’s interests. A custodial parent can move with their child if:
However, a non-custodial parent can contest the relocation in court. The court will deny the custodial parent’s relocation request if it believes that:
If the move is over a significant distance, a court may determine that it is not in the child’s interests.
The court reviews several aspects of your situation when deciding whether to grant a relocation request. This includes:
The court will also consider these factors:
How the court determines a relocation request is very dependent on your unique situation. A family law attorney can help you determine how the law is likely to impact your family.
In many relocation cases, both parents are looking out for their child’s interests. However, there are cases where the custodial parent is moving to spite the non-custodial parent. They may want to prevent their co-parent from spending time with their children. Likewise, a non-custodial parent may also contest a move out of spite or to make things harder for their co-parent.
In any situation, your relocation case is going to be unique. The most effective way to petition the court and fight for your child’s interests is with an attorney experienced in family law. Your attorney can help you file your petition with the court. They can also ensure that you meet legal deadlines and consider all the options available to you.
A: The court prefers when parents have joint custody of their children, but this requires a lot of work from both parents. A joint custody parenting plan is not always going to be a perfect 50/50 split. What’s important is that both parents cooperate on a co-parenting schedule that allows them both to spend significant time with their children. This shows that both parents are willing to work together for their child’s interests.
A: A parent who has sole custody of a child has the presumptive right to move with that child. The court assumes that the parent and child can relocate and will determine how to change the custody order to reflect the move. The court may prevent the move if it believes it is harmful for the child or if the other parent can prove that the move is not in the child’s interests.
A: For a parent to be involuntarily stripped of their parental rights, the other parent must file with the court. They must prove that their co-parent is unfit to be a parent. There are several reasons that may be grounds for terminating parental rights. This includes:
A: Your relocation request must show how the move benefits your child. This may include improved educational opportunities, moving closer to a familial support system, or a job change that allows you to provide for your children. Wanting to be further away from your co-parent is a bad reason for a move and will make it less likely that the court grants your relocation. If your co-parent is dangerous or abusive, this needs to be proven in court. In that case, relocation can be beneficial for your child.
At Quinn & Dworakowski, LLP, our attorneys have worked for more than 40 years supporting families during difficult cases. Contact us today to see how we can help with your relocation case.
"*" indicates required fields