Newport Beach Move Away Lawyer

Newport Beach Move Away Attorney

Parents who divorce or separate in Newport Beach, CA often live near each other to make a custody arrangement easier. However, moves and relocations can be necessary for a parent to provide better opportunities for their children. Moving as a separated parent can be complex.

A parent who wants to move with their children must receive permission from the court. If their co-parent objects, there is a chance that the court will not allow relocation. The child’s needs and interests are a priority. If you are a parent requesting or contesting relocation, an experienced relocation and child custody attorney is essential to proving your child’s interests to the court.

Quinn & Dworakowski, LLP: Your Newport Beach Move Away Attorneys

The attorneys who work with Quinn & Dworakowski, LLP, have over 40 years of experience working in family court. We can help your family fight for a modification that benefits your children. Our California family lawyers have helped many families in the Orange County area, and we understand the importance of each case to the family it impacts. We use our knowledge of family law to help you achieve the most beneficial outcome possible.

What the Court Looks at for a Relocation Request

Each relocation case is unique to your family’s situation. The court looks at many factors when determining whether to grant a request. These include:

• The distance of the proposed relocation
• Why the parent wants to relocate
• Whether the custody orders will be impacted and how that affects a child’s stability
• The age and health of a child
• The ability of both parents to provide for their child’s needs and interests
• How a child feels about the move
• The child’s relationship and emotional connection with each parent
• How the new location allows a child’s needs to be met
• Communication between both parents
• Access to support systems in the new location

Relocation cases can be stressful. A family law attorney can help you deal with legal deadlines and filing requirements with more confidence.

How Custody Impacts Relocation

When there is no custody order in place, the court approves or denies a relocation request based on the child’s interests. Parents with joint custody have equal rights to their child. A parent with joint custody who wishes to move must prove to the court that relocation is to their child’s benefit.

A parent who has sole physical custody of their child has a presumptive right to move. However, that right is not automatic. Relocation is granted if:

• The move does not change the current custody and visitation orders.
• The moving parent has provided the non-custodial parent with sufficient notice.

The court prevents relocation if it finds that:

• Relocation hurts the child’s safety, health, and welfare.
• Relocation violates the child’s rights.

A non-custodial parent who disagrees with the move can file to contest the relocation. That parent must show that relocation is not in the child’s interests.

How Can a Newport Beach Relocation and Move Away Lawyer Help?

A request for relocation will be determined based on your family’s individual situation. How family law impacts your family will be unique. In some move away cases, both parents are legitimately looking out for their child’s interests but simply disagree on what those are. In other cases, one or both parents are acting out of spite toward the other parent. If so, it’s important to show this in court.

A relocation attorney can help advocate for your and your child’s needs and give your request or objection its greatest chance of success. Your attorney can determine the likely outcomes of your case and explain the options you have. They can represent you in court and help you navigate your relocation case with confidence.

FAQs

Q: What Is Considered Parental Abandonment in California?

A: A parent is considered an absent parent who has committed parental abandonment if the following is true:

• The parent has had no contact with their child for 6 months.
• The parent did not engage in their parental rights or responsibilities during that time.
• The parent made no efforts to attempt contact with their child.

Parental abandonment can lead to the court terminating the parent’s parental rights.

Q: What Is a Good Reason to Relocate With a Child in California?

A: In any court case involving a child, the court prioritizes the child’s interests. In some situations, a parent must prove that a move is in their child’s interests to get their relocation approval. A parent must show the benefits that relocation has for a child. This includes:

• Nearness to other family members and support systems
• Better schooling and education
• Increased income or decreased cost of living in the new location

In most situations, wanting to be further from your co-parent is detrimental to your case.

Q: What Is the Right Way to Move Out of State?

A: If you are a separated parent, it’s important to review your child custody agreement before relocating. Many custody arrangements outline the right steps to take if you want to move with your children. Moving out of state is often more complex than moving close by. A big move will impact a parenting plan, and the court may deny the relocation if it harms your child’s welfare. Talk with a relocation and move away attorney if you are considering moving out of state with your children.

Q: What Is the Motion to Vacate in California Family Law?

A: A motion to vacate is a request to the court to cancel an existing family court order. The court will then start from the beginning by creating a new court order. To make this request, you must have a good reason. This includes:

• You didn’t receive the notice and summons in time to respond in court.
• The court order was not in your favor because of an error or excusable neglect on your part.
• The judgment was made against you because of fraud, duress, perjury, or other illegal reasons.

There are other legal grounds for requesting a motion to vacate.

How Quinn & Dworakowski, LLP, Can Help You

The outcome of a relocation case can have immense impacts on you, your children, and your entire family. At Quinn & Dworakowski, LLP, we want to leverage our experience to advocate for the ideal outcome for your family. Contact our team today to learn how we can help with your move away case.