Parental Relocation & Move Away Cases

Orange County Custody Modification Lawyers

After a divorce or separation, you may encounter a situation where you want to move away with your children. Or, you may have just been informed by our ex that he or she wants to move to another county, state, or even country. What can you do in these scenarios to make sure your relationship with your children is not adversely affected? How can you do the right thing for yourself and your children, without violating your current custody or visitation agreement?

An Orange County custody attorney at Sullivan Law & Associates can advise you of your rights and legal options regarding parental relocation. Often referred to as move away cases, these need to be addressed through the appropriate channels to make sure you are not acting in violation of a court order. A clear and intelligent presentation of your case can help you secure the desired result.

Getting Court Approval for Parental Relocation

When a parent has sole custody of a child, he or she may be able to travel freely and even relocate, in certain circumstances. It is important to carefully review your existing custody order to make sure you do not violate it in any way. If relocation would impact the other parent’s visitation schedule, or if you have shared custody, you will need to go through the court.

In California, a family law judge will consider the following in determining whether to approve or deny a change in custody as a result of parental relocation:

• The distance of the proposed move;
• The reason for the move;
• The child’s relationship with each parent;
• The parents’ relationship with one another and their ability to communicate with one another;
• Whether the move would cause harm to the child;
• How the move may benefit the child;
• The educational, emotional, and physical needs of the child, and how the move will affect these;
• Whether the move will harm the child’s relationship with the non-moving parent; and
• The child’s relationships with extended family in the current and proposed location.

Helping Our Clients’ Maintain Their Child’s Best Interests

On either side of a move away case, you will benefit from having an experienced divorce lawyer to protect your interests. This may include proving that relocation would not be in your child’s best interests, to prevent your ex from moving away. It may include showing that the move would benefit your child or children, if you are the one who wishes to relocate. Our lawyers can help you in either scenario. We will take the time to provide personal attention so we understand your goals and can preserve your and your child's best interests.

Contact our firm today at (949) 565-2793 to discuss your move away case.