Riverside Moveaways Attorney

When a parent decides to relocate to another area, the resulting fallout can be contentious and traumatizing for the entire family. After dealing with the emotional challenges of the move itself, there are many legal issues that may need resolved. It is easy to feel overwhelmed by the legal process required to enforce complex California family laws. You may also feel nervous that previously settled child support arrangement and child custody case will not be honored. To ease this transition, it is crucial to secure expert representation from an experienced Riverside moveaways attorney.

At the Law Offices of Michelanne Hrubic, we have been practicing family law for many years. Since we specialize in divorce and the resulting complications, we understand the intricacies of the California laws and statutes that apply to relocation requests. Our Riverside moveaways lawyers can help you during this trying time.

Can a Custodial Parent Move Children Out of State?

Parents with sole physical custody may move their children out of state. However, the move must continue to support the child’s best interests. For example, the child might be moving to a similar or improved school system, to an area that provides better job and financial opportunities for the parent, or closer to important family members and friends.

Before a move, the relocating party must give the other parent at least 45 days’ notice. This allows them to work together to determine an alternative visitation arrangement. The other parent may also choose to file an objection with California family court. Though the court cannot compel the relocating parent to stay in place, the other parent must have the opportunity to request a custody order modification to retain or gain custody themselves.

What Factors Determine a Child Custody Order Modification?

When the courts finalize child custody arrangements, those involved consider many factors. These are different for each family depending on their circumstances. The court may revisit these factors when one parent makes the decision to relocate, especially if child custody or visitation must change with the move.

In these scenarios, the court can make a separate decision to modify the original order based on the best interests of the child. Some common factors include:

• The history of the parent-child relationship. The relationships between the child and each parent hold a considerable influence over the court’s custody decision. This includes previous use of visitation rights, activities that took place while together, and the overall nature and stability of each relationship.
• The distance of the move. In some cases, a move within the state may not be an issue. However, when there is a large distance involved, the court must re-examine the current custody and visitation schedule. If one parent is moving across state lines or to a distant area within the state, the move may cause problems or not allow for proper visitation rights.
• The reasons for the move. The reasons behind a parent’s decision to relocate can affect the need for another custody determination in certain circumstances. When there are issues within the family or serious legal problems, it may be necessary for one parent to move away to protect the well-being of the child. For example, when there is evidence that one parent has been abusive towards the other or towards their children, a custody or visitation modification may occur.
• The child’s preferences. In California, 14-year-olds are considered legally old enough to express their wishes regarding custody. However, the wishes of younger children may be considered if their appearance in court is in their best interest. As a rule, a judge must consider these requests but may not agree.

Finalizing a custody order modification can be a difficult process, especially when the needs and best interests of the children conflict with the desires of one or both parents. Therefore, many parents choose to consult with a Riverside moveaways attorney before beginning the legal process. By hiring a legal professional, you can ensure that your own custody rights are protected and that your voice is heard in court.

What Are Some Common Visitation Agreements When One Parent Moves Far Away?

When one parent relocates to an area far away from their children, the court may arrive at one of several custody and visitation agreements. Although maintaining your bond from a distance can be difficult at first, especially for a child, visitation agreements can be beneficial for all involved. Some of the most common include:

• Weekend visitation. This schedule is most common when parents live a moderate distance apart. The custodial parent remains in the area with the child while the other one visits on one or more weekends per month, depending on the agreement. Alternatively, the child can travel to see the noncustodial parent.
• Summer visitation. Because it can be difficult to manage visitation arrangements during the school year, many parents agree to have the child stay with the noncustodial parent for a portion of each summer. This arrangement usually continues until the child starts school each year but may not be feasible for children participating in summer activities in their hometown.
• Holiday visitation. In what may be considered a hybrid of weekend and summer visitation, this arrangement typically allows the child to spend alternating holidays with each parent. Some families choose to allow the child to spend the Christmas holiday with one parent and summer break with the other, switching each year.

While other creative arrangements can be made, these common scenarios typically serve as a foundation for a child visitation agreement after a parent relocation.

Why You Need an Experienced Riverside Moveaways Lawyer on Your Side

As you can see, there are many potential scenarios involved when it comes to parental relocation, child custody, and child visitation. If you are not sure how relocation will affect your visitation or custody rights, it is best to speak with a knowledgeable legal professional. A Riverside moveaways attorney can help you share relevant information with the court and ensure your voice is heard.

Remember—the court’s duty is to determine the best interests of your child. By hiring an attorney to argue on your behalf, you are showing the court that you take this process seriously and want what is best for your child. If you are ready to speak with a Riverside moveaways attorney, contact the Law Offices of Michelanne Hrubic. Our compassionate child support, divorce, and child custody team will help you determine the best next steps to secure visitation or custody ensure you maintain that crucial bond with your child.