Moving to a new city or state can be an exciting opportunity, but if you share custody of your child, relocating isn’t as simple as packing up and leaving. California law places strict guidelines on relocation to ensure that any move serves the best interests of the child. If you’re considering moving away with your child, it’s important to understand your legal rights and responsibilities. Keep reading to learn what steps you need to take and how a child relocation lawyer in Riverside CA can help.
Check Your Custody Order First
Before making any plans, review your custody order. If you have sole legal and physical custody, you may have more freedom to relocate, but you still need to notify the other parent. If you share joint custody, both parents have a say in major decisions, including relocation. Many custody agreements include specific relocation provisions, so understanding your legal obligations is essential.
Notifying the Other Parent and Filing a Move-Away Petition
If the other parent agrees to the move, the process may be straightforward. However, if they object, you will need to file a move-away petition with the court. This petition should include details about the proposed move, including things like:
- The reason for the relocation.
- The new location and how far it is from the other parent.
- A proposed visitation schedule to maintain the child’s relationship with the non-moving parent.
The court will carefully review your request, considering whether the move is in the child’s best interests.
Factors the Court Considers in Relocation Cases
California courts evaluate several factors when determining whether to grant a relocation request, including:
- The child’s relationship with both parents.
- The impact of the move on the child’s emotional and educational well-being.
- The reason for the relocation.
- The feasibility of maintaining a relationship with the non-moving parent.
If the court believes the move will disrupt the child’s stability or negatively impact their relationship with the other parent, the request may be denied. A child relocation lawyer in Riverside CA can help you build a strong case to demonstrate why the move benefits your child.
Contact Kendall Gkikas & Mitchell, LLP for Help with Child Relocation Cases in Riverside CA
Moving with your child after a divorce isn’t always a simple process, but with the right legal guidance, you can improve your chances of getting court approval. A child relocation lawyer in Riverside CA can help you understand your rights, file the necessary paperwork, and present a strong case for you in court. At Kendall Gkikas & Mitchell, LLP, we have 31 years of experience handling move-away cases and will work tirelessly to help you reach a favorable outcome. Call us today at 909-482-1422 to schedule a consultation and discuss your case!
