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