Facing a Move-Away Case? Call our Chino Hills Relocation Orders Lawyer!
There are many reasons why a divorced or separated parent that has a child may need to move away from the other. Work, Education, Family issues, and more can all result in this need, when this happens, the parents may be concerned about the ir ability to see their child and may need legal actions to prevent their child’s relocation.
The Law Offices of Rossana Mitchell can and has helped parents on both sides of this spectrum. No matter what you are seeking, whether it is to move with your children or to ensure they stay with you, we can assist you. Contact us for a free consultation to discuss your case, and see your available options.
What Custody Options Are Available For Move-Away Cases
The rights for each parent for a move-away situation is dependent on the current arrangement for custody between the two parents. This will determine what rights each parent has for moving with the child or demanding the other not relocate. Below are examples of rights that are available to the move-away parent.
If the move-away parent has sole physical custody, they have the presumptive right to relocate the child’s address. This, of course, is limited to the court’s ability to prevent any relocation that may harm or injure the rights or welfare of the children according to CA Family Code § 7501. The custodial parent is not required to show a necessity to move as long as the parent is moving in good faith. The non- custodial parent can object to the relocation if they obtain a custody modification that is based on the circumstances changing and detriment of the children.
If both parents have joint custody of the children, the case must be approached de novo, or to put it in simpler terms, it must be determined from scratch what the best interest for the child is. This does not apply, however, if the joint custody is not exercised by the parents. If the move-away parent is the one that has the majority of the custody, then the same can apply to if the move-away parent were to have sole custody. If there has not been a determined custody agreement, the move-away matter 9s based entirely on what the child’s best interest is.
Court Factors for Los Angeles Move-Away Case
To start the process of a move-away case, you first have to file a relocation petition with the Los Angeles family court. The judge of the Los Angeles family court will be most concerned as to the wellbeing of the child and will take a number of factors into account before coming to a decision. Listed below are some factors that will be considered by the court in a move-away case in Chino Hills.
- Distance of the move
- Impact of the noncustodial parent’s relationship the move will have with the child
- Reason for the move
- The Child’s Age
- The Educational Impact the move will have on the child
- The Current Custodial Agreement
- Child’s wishes (Depending on their age)
- Social effects for the child
- Physiological effects on the child
Due to the variety of factors that come into play in move-away cases, it is important to obtain a Los Angeles child custody lawyer to be on your side and to represent you properly to protect your parental rights. This way your best outcome possible. The Law Offices of Rossana Mitchell in Chino Hills is here to help you, give us a call or message us today.
Remember that the court can have a broad discretion in determining what is best in move-away cases. You will need an attorney that has the proper experience in these matters and can help to best present your case for you in court. Choose the Law Offices of Rossana Mitchell for the best service and experience you can receive in Los Angeles. Reach out today for a free consultation.