Riverside Relocation Attorney
Are You Moving with Your Child?
There are many reasons a parent may need or desire to move away or relocate to another part of the state, out of state, or even out of the country. The parent may have a job offer in another state or for economic reasons a move away may be the only option. However, there are times that a parent may want to move away with a child to frustrate visitations with the other parent. If complications arise, contact our family law attorney in Riverside. We can represent relocating parents as well as parents who wish to contest a relocation petition.
Common issues to consider in move away cases:
- Who will pay for travel expenses when children visit?
- How will the child divide time between parents during the school year and during the break?
- How will the move affect the child?
Contact us today for assistance from the Law Offices of Shauna M. Albright.
We serve clients in Riverside, Corona, San Bernardino, Rancho Cucamonga, Hemet, Murrieta, and surrounding cities
Califiornia Laws on Move-Aways
Under California law, a custodial parent has the presumptive right to change the children's residence subject to the court's power to restrain a removal that would prejudice the rights or welfare of the children. The non-custodial parent has the right to challenge the relocation and move to modify the court's custody order based on changed circumstances. Whether you are seeking or challenging a proposed relocation, find a divorce attorney to represent you who is familiar with the issues and procedures surrounding move away cases.
A child custody dispute is sure to arise when the custodial parent changes or threatens to change the children's residence without the non-custodial parent's consent. If you are seeking a move away or if you desire to stop a move away, you need the help of a family law attorney with the skill and experience to represent you, whether resolving the matter through negotiation and mediation or putting forth a strong and persuasive case in court.
- Contact the Law Offices of Shauna M. Albright today for a consultation.
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 in 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 by 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.