Relocating with your child after a divorce can be complicated, especially if you share custody with your ex. California law prioritizes the child’s best interests when determining custody, which means a parent cannot move without following legal procedures. If you are considering relocating with your child, it’s important to understand how child custody laws apply and what steps you need to take. Keep reading to learn more and how a child relocation lawyer in San Bernardino CA can help.
Do You Need Permission to Move with Your Child?
If you have sole legal and physical custody of your child, you may have more flexibility when it comes to relocation. However, if you share joint custody, both parents typically have equal say in major decisions. This includes moving. In many cases, custody agreements include provisions regarding relocation, so reviewing your court order is the first step. If your custody agreement requires the other parent’s consent or court approval before moving, failing to follow these legal requirements could lead to serious consequences, including potential loss of custody.
Filing a Move-Away Petition
If the other parent does not consent to the move, you must file a move-away petition with the court. This petition explains why the relocation is necessary and why it is in the child’s best interests. The court will then evaluate your request, considering several factors, including:
- The reason for the move
- The distance of the move
- How the move will affect the child’s relationship with the other parent
- The child’s current stability, school environment, and overall well-being
- Whether the move will enhance the child’s quality of life
Since move-away cases are often highly contested, having legal representation is crucial. A skilled child relocation lawyer in San Bernardino CA can help you present a strong case in court.
How the Court Decides Child Relocation Cases
In California, the court’s main focus is always the best interests of the child. This means that while a parent’s desire to move is considered, the court will not approve a relocation if it significantly harms the child’s relationship with the non-moving parent. If the judge determines that the move would negatively impact the child’s emotional well-being or disrupt their education, they may deny the request. In some cases, the court may modify custody arrangements if they believe that it is in the child’s best interests to remain with the parent that is not relocating.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation Cases
If you are considering moving with your child, it’s important to follow the legal process to avoid complications. A child relocation lawyer in San Bernardino CA can guide you through the process, file the necessary paperwork, and advocate for your rights as a parent. At Kendall Gkikas & Mitchell, LLP, we have 31 years of experience handling move-away cases and will work diligently to help you achieve the best possible outcome. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
