Riverside Relocation Lawyer

Common Questions and Answers for Parents in Move Away Cases

The mother of my children wants to move away to another state. She is claiming that she cannot afford to live in California. However, her gross income is over $100,000 per year. She refuses to cooperate with me in parenting our children. I believe she wants to move away to another state to frustrate my visitations with our children. What should I do to stop the move away? 
This is a complex area of law. You should contact an attorney to discuss the law and facts that pertain to your individual case. There are many factors to take in consideration. Assuming that Mother is the primary custodial parent, you will have an uphill climb. However, you still have a fighting chance but we need to show why this move away is not in the best interest of your children.

This is a case that most likely will have to go to trial if there is not an agreement. At trial, you will need to present evidence showing how she has frustrated your visitations as well as all other evidence that will help your case. You should ask the Court to appoint a 730 evaluator who can interview you, the children and Mother before this case goes to trial. Courts often rely on experts such as 730 evaluators to give them more insight on the family dynamic. If your children want to stay in California, the Court may take their wishes into consideration.

The father of our children informed me in person that I can move away from Riverside County to Los Angeles County next month. Our children are eight and eleven years old. Presently, we have custody and visitation orders where the children are to have one overnight visit during the school week with their father as well as every other weekend. If I move away, it will almost be impossible for their father to exercise the overnight school week visitation due to the distance. Should I move away without an order allowing me to move away? 
As a rule of thumb, get it in writing! If Dad agrees that you can move away to Los Angeles, then present him with an agreement allowing you to move away. Once it is signed by a judge, it becomes the order of the court. If you move away and Dad decides to retract his statement, he may claim that he never consented to you moving and that your move has frustrated his time with his children. If the Courts believe him, he may be able to petition the Court for primary custody.

I would like to marry my fiancé but his job is transferring to Seattle, Washington. What are the chances that the Court will allow my children to leave California with me if my ex-husband objects? 
Assuming that you are the primary custodial parent, you have a strong argument for a move away. However, the Court will consider other factors as well to determine if it is in the best interest of the children.