Riverside Relocation Attorney
Are You Moving with Your Child?
Child custody and visitation agreements can become complicated when one parent desires to move away with his or her child. Parents often seek to relocate for economic reasons or to pursue a different career. However, sometimes parents want to move away to prevent their former spouse from seeing the child. If complications arise, contact our attorneys 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
California Laws on Move-Aways
Under California law, the parent who has primary custody has the right to move away, thus changing his or her child's residence. However, the court may choose to deny the parent's request to relocate if the relocation is deemed contrary to the child's best interests.
The non-custodial parent may also challenge the relocation and ask the court to modify their custody order based on changed circumstances. Our firm can help you in either situation: whether you are the parent seeking to move away, or if you are the parent challenging the move-away. Our California relocation attorneys are familiar with this area of law and can advocate for the best interests of you and your child.
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 an 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.