If you are currently getting a divorce in California or your divorce has already been finalized, you may face a situation where you want or need to move out of the area. While this may seem simple, it can be anything but.
When kids and an ex are involved, you do not have the right to take your children with you without approval, even though you are their parent.
That is why a move-away request has to be filed. For help with yours, call 909-466-7661.
If you want to move out of the area, including out of the school district, you will need to notify the other parent. If they object because it will change things for the children, you will need to work with a lawyer in Rancho Cucamonga to file a move-away request. Typically, this is necessary when one parent wants to move out of state with the children.
A judge’s duty is to first and foremost consider what is in the best interest of the children. This, however, is subjective and can often depend on the perspective of the judge. After all, “best interest” is not narrowly defined.
With that in mind, a judge will typically consider things like stability, home life, education, family relationships, and the emotional health of the child.
The judge will also consider whether one parent has primary custody or if there is joint custody, and how the move will impact the children’s relationship with the other parent.
Since there is grey area regarding what is in the “best interest” of children, your attorney needs to create an argument and build the case for why moving is or isn’t good for the kids.
To do so, their current and future situation should be compared and a detailed reason needs to be given for why moving is beneficial.
If, on the other hand, you are trying to fight a move-away request, information will need to be gathered to demonstrate how the move could be detrimental to the children and your relationship with them.
The parenting plan will have to be changed. Not only will specifics regarding where they live and are educated need to be adjusted, but an approval will necessitate visitation rules to also be altered.
Naturally, if one parent moves out of state, a standard joint custody relationship will not work. Instead, the children will likely live with one parent during the school year and the other during the summer and school breaks.
Once their schedule is changed, the child support order will also need to be revised to reflect the new amount of time the children are spending with each parent.
If you need to move for family reasons or your job and the judge does not approve it, you will need legal help right away. This can be incredibly complicated, because if you are still forced to move, the other parent will need to step into the role of primary caregiver and you will need to set up a visitation schedule that gives you the most possible time with the children. There is also a chance for an appeal, but this is on a case-by-case basis, so if you have been denied, schedule a consultation with The Law Office of Laurence J. Brock to determine your options.
If you are planning on moving away, your best chance of being able to do so with the children is to have help from an experienced attorney. This is one of the most complicated of family law cases, so it is important to work with someone who deals with custody issues on a regular basis. Attorney Laurence J. Brock does.
To schedule a consultation with The Law Office of Laurence J. Brock, call 909-466-7661 or contact us HERE.