Parental Relocation in California – It’s Not That Easy

As a divorced parent, it can be problematical to relocate. You do not have the right to move your children a great distance without first gaining the approval of the other parent. If you are planning to move away, it is crucial that you consult with an attorney who can guide you through the process of the relocation of your children after a divorce.

California Law: Child Relocation After Divorce

The court evaluates parental relocation requests by determining what would be in the best interests of the child. The parent’s wishes are considered, but is not the most important factor in a judge’s decision.  After divorce, many issues can arise, including financial problems. It may be far more affordable to live in a different city or state. Moving in with family may be the right option, financially, but will the court allow it? The questions that come into play include the following:

• The existing child custody order
• The outcome of mediation
• Whether the move will be detrimental to the child(ren)
• The child’s wishes regarding the move away
• Proof that the move will be in the best interests of the child(ren)

Get a Child Custody Lawyer Before Planning to Move Away

The California Judicial Branch recommends that any person planning to move a distance away from another parent retain the services of a family law attorney. As these cases are decided on an individual basis, and the decision could go either way, the skills with which your case is presented is extremely important. The law states that a parent that was granted sole custody has the right to relocate with the children, unless the other parent can prove that this move will harm the children.

Under the California Family Code, it is clear that the guiding principle in all court decisions regarding custody (as well as relocation) are required to be based upon what is in the best interests of the child. The court may specify that a parent must notify the other parent if a change of residence is planned. This notice must be provided to the other parent in the correct format and sent to the last known address of the other parent, as well as a copy sent to his or her attorney. It is imperative that every detail regarding a plan to move away is handled correctly, to avoid complications or legal difficulties.

When parents have joint physical custody, the issue becomes even more complicated if the other parent opposes the move. How your case is present to the judge is a critical aspect in a final decision. Attorney Richard Jacinto has four decades of experience in a range of family law matters in Pasadena, and has deep insight into how judge’s view these issues, and what issues come into play in making a decision. There is no substitute for experience. Connect with Richard Jacinto if you are planning to relocate after divorce.

Your Right to Move Away

As a parent, you cannot be stopped from moving to another city, state or other location. As an individual, hold that right. The problem arises when there are children involved, and the other parent does not agree with this decision. In fact, a move-away case could lead a judge to transfer physical custody to the other parent if the case is not presented with powerful evidence as to why the move will also benefit the children. It is imperative that you are represented by a seasoned child custody lawyer if you are planning to relocate.

Planning to relocate after divorce? Contact The Law Office of Richard S. Jacinto in Pasadena, CA for legal help you can trust.