Los Angeles Relocation Attorney

Navigating Child Relocation Laws in California for Parents

Child custody and visitation arrangements have a far-reaching impact on the children of divorced parents. Children have a basic need to be loved and cared for by both parents. When one parent, however, needs to move away, some obstacles become inevitable. Job offers or military assignments can require a move to a different state or even across the country. Family situations may dictate a move to another part of the state.

Whether the person who needs to relocate has primary physical custody or visitation rights, the move-away has a profound impact on one parent’s time with the children. For all of these reasons, relocation cases must be handled through the family courts.

Schedule an initial consultation today. Call (818) 962-4669 or contact a relocation attorney online here.

When Is Court Permission Required for Relocation?

In California, the law requires that a parent seeking to relocate with a child must either obtain the consent of the other parent or request permission from the court. This rule applies whether the parent plans to move to a different city, another state, or another country.

If the child’s current custody arrangement is a joint custody agreement, the relocating parent must obtain the consent of the other parent before relocating. If the noncustodial parent does not consent, the relocating parent must file a motion with the court and request approval. The court will then consider the circumstances and make a decision based on the best interests of the child.

If the custodial parent has sole custody of the child, the parent who is moving must still notify the other parent and may be required to obtain court approval. The noncustodial parent has the right to oppose the relocation request and request a hearing in which both parties can present their arguments.
 

How Moving Affects Your Child & Custody Order?

Many things need to be considered when child custody and visitation are affected by the move. The primary concern is the best interests of the children—a move can completely change a child's life, even if it is only to a different part of the state.

Although a parental move changes your family dynamics, it is possible to reach an agreement with the other parent that protects and promotes your children’s relationships with both of you. Our firm can help you mediate a workable agreement regarding a move-away petition. We strive for changes to existing court orders that allow the children to continue to have a meaningful relationship with both parents.

What Factors are Considered by the Court in Relocation Cases?

When a custodial parent wishes to relocate with a child, the court will consider several factors to determine whether the relocation is in the best interests of the child. A Los Angeles relocation attorney can help you understand how these factors apply to your case and build a strong argument based on the evidence.

Some of the most important factors the court will consider include:

• The Child’s Relationship with Each Parent
• The Child’s Age and Needs
• The Reason for the Relocation
• The Ability to Maintain Relationships Post-Relocation
• The Impact on the Child’s Education and Social Life
• The Noncustodial Parent’s Ability to Share Custody

Key Reasons a Judge May Deny Your Relocation Request

Here are some common reasons why California judges deny relocation:

• The move would have a negative impact on the child's life, such as if they would need to leave a community they are invested in and start all over again
• The move would put the child in a school that is considered “worse” than their current school
• The move would cause a rift between the child and their other parent, grandparents, or other relatives

In short, a judge will deny a relocation request if they believe the move would go against the child's best interest. They may also deny relocation if the move seems to be out of spite for the other parent.

How a Los Angeles Relocation Attorney Can Help?

Navigating the legal requirements for relocation can be challenging. Whether you are the parent seeking to relocate or the one opposing the move, having a skilled Los Angeles relocation attorney by your side can make a significant difference in the outcome of the case.

A Los Angeles relocation lawyer can assist with every step of the process, including:

• Filing the Necessary Legal Documents: If you are the parent seeking to relocate, your attorney will help you file the appropriate paperwork, including the Request for Order (RFO) and any supporting documentation required to request permission for the move. The attorney will ensure that all forms are completed accurately and filed within the required time frames.
• Negotiating with the Other Parent: Before going to court, your attorney can help you negotiate with the other parent to reach a mutually acceptable agreement. In some cases, the other parent may agree to the relocation if an appropriate visitation schedule is established. Your attorney will assist in facilitating these discussions and protecting your interests.
• Representing You in Court: If an agreement cannot be reached, your Los Angeles relocation attorney will represent you in court. The attorney will present your case to the judge, making arguments based on the best interests of the child and providing evidence to support the relocation request.
• Handling Modifications to Custody and Visitation: If the court grants the relocation request, your attorney can help modify the custody and visitation schedule to reflect the new living arrangements. This may include setting up a long-distance visitation plan or adjusting the custody agreement to accommodate the relocation.

Get Support from Our Trusted Relocation Attorneys

When a relocation occurs, our attorneys can guide parents through obtaining modifications to:

• Child custody arrangements
• Visitation schedules
• Support orders

At Law Offices of Korol & Velen, our goal is to help you come to an agreement that works for you, the other parent, and your children. If the situation, however, becomes a contentious move-away battle, our Los Angeles family law firm can vigorously advocate for your position.

Contact Our Los Angeles Relocation Lawyers for Guidance

Whether you are seeking to relocate with or without your children—or if your children’s other parent is moving—you need to take steps to protect your relationship with your children and your legal rights.

At the Law Offices of Korol & Velen, we have over 40 years of combined experience handling these complex situations. One of our Los Angeles relocation lawyers is board certified in family law by the State Bar of California Board of Legal Specialization and knows how to navigate such matters. You can trust your case to our firm.

The Law Offices of Korol & Velen provides attentive help to both custodial and non-custodial parents in move-away situations. Call us today at (818) 962-4669 to arrange a consultation.