Child Custody Law: The Challenges of Relocating With a Child

In California, a case that involves the relocation of a minor is known as a “move-away” case and typically, these cases are considered complicated and Solomon-like. Even when a parent seeks to relocate the child to provide him or her with a better life, the reality is that the process to relocate is not simple. Understanding the challenges that may arise can help a family successfully relocate. For the best outcome, seeking the support of a knowledgeable family law attorney can help. With many years of experience representing families in Southern California, the Knez Law Group, LLP is able to provide the legal guidance needed for the best possible outcome.

The Knez Law Group, LLP has many years of combined legal experience successfully managing family law cases. When dealing with a legal dilemma, finding the right legal representation can help preserve your parental rights. If you are considering relocating, consider speaking to a knowledgeable attorney from the Knez Law Group, LLP. You can schedule a no-cost consultation by completing the online form found here.

California Move-Away Laws – Family Code § 7501

In California, a person with sole physical custody of their child has the right to change the minor’s residence, although the petition to relocate is subject to the court’s decision. As it pertains to Family Code §7501, the court can determine whether or not the move would affect the rights or welfare of the minor, which could prevent a parent from relocating the child.

Ultimately, the top priority of all parents and the Court are the best interest of the child, and the physical and mental well-being of the child. The Court will consider which parent has primary custody of the child, the visitation rights of each party, and whether any restrictions apply following the divorce. The following are just some of the factors a court will assess to determine whether or not a child’s primary residence can be relocated:

• The child’s stability and ability to continue in an existing custody agreement
• The child’s age
• The distance of the move
• The existing relationship between the child the parents
• The level of communication and cooperation the parents have and their inclination to place their child’s needs above theirs
• The reasons behind the relocation
• The shared custody between the parents in the present agreement

If the reason behind the request to relocate is the result of the parent’s employment, a relocation may favor the child’s well-being. Still, the court requires a stringent legal process to preserve the legal rights of the parent who has visitation rights over the minor and may be providing child support to the custodial parent. While a move-away order will generally require permission from the court, obtaining an order is not impossible, particularly when the petition is submitted by a skilled family law attorney.

Contact an Established Family Law Attorney Today

In California, the main priority of the court is to preserve the interests of the underage child when it comes to parental relocation and child custody. While custodial parents have the right to decide where the child will reside, they may still be required to petition for a move-away order. If you are considering relocating, it is important to find proficient legal representation to assist you in preserving your parental legal rights and help your chances when seeking a move-away order.

At the Knez Law Group, LLP, the skilled family law attorneys are well-versed in assisting both custodial as well as non-custodial parents preserve their parental rights. If you are looking to pursue a new life opportunity but are unsure whether an existing custody agreement will affect your venture, seek the professional advice of a reputable law firm that can help. Consider seeking the support of the Knez Law Group, LLP – schedule a free case evaluation by completing the confidential form found here.