Dedicated Representation for Parental Relocation Cases in Los Angeles County
A parental move-away case, or parental relocation, occurs when the parent with primary physical custody intends to move the child to a new city, state, or country. Whether this move is motivated by a new career opportunity, a remarriage, or the desire to be closer to extended family, it represents one of the most complex and emotionally charged areas of California family law.
At Schoenberg Family Law Group, P.C., we understand that a relocation doesn’t just change a zip code; it fundamentally alters the co-parenting dynamic. Whether you are a custodial parent seeking to build a new life or a noncustodial parent fighting to maintain your bond with your child, our Beverly Hills parental move-away lawyer provides the strategic and tailored advocacy required to navigate these high-stakes disputes.
What to Expect in a California Move-Away Case
Under California Family Code Section 7501, a parent with primary physical custody has a presumptive right to change the child’s residence, provided the move does not compromise the rights or welfare of the child. However, this right is not absolute.
There are two primary ways to handle a relocation:
- Written Agreement: Parents can reach a settlement and submit a modified parenting plan to the court that accounts for the new distance, including revised holiday and summer schedules.
- Court Order: If the move is contested, the court must determine if the relocation is in the “best interests of the child.”
Relocating without a court order or the other parent’s written consent can result in severe legal consequences, including criminal charges under California Penal Code Section 278.5. If you are facing a potential relocation, consulting with an experienced Beverly Hills parental move-away lawyer is essential to protecting your custodial rights.
What Factors Does a Judge Consider in a Parental Move-Away Case?
When a judge reviews a move-away petition, they focus on several factors to ensure the child’s well-being remains the priority:
- The distance of the move.
- The child’s relationship with the other parent.
- The reason for the move (it must be in “good faith”).
- The child’s wishes (if they are of sufficient age and maturity, typically 14+years).
- The child’s connection to their current community, friends, and family.
- If the move will be of detriment to the child’s physical or emotional health.
Typically, a judge will not grant a parental move-away request if they feel it will not be in the best interest of the child. If granted, however, it is within the custodial parent’s legal right to move away.
Why Choose Schoenberg Family Law Group, P.C.?
Choosing the right firm can significantly impact the trajectory of your relocation case. Here is why clients trust us:
- Decades of Proven Excellence: Led by Debra R. Schoenberg, a Board-Certified Family Law Specialist with nearly 40 years of experience, we have handled over 15,000 cases statewide.
- Trial-Ready Advocacy: While we strive for amicable resolutions through negotiation, we are formidable trial lawyers. We have the resources and the “in it to win it” mindset required for high-stakes litigation in Los Angeles courts.
- Compassionate & Strategic: We understand the emotional toll of custody battles. We build client relationships based on trust and clear communication, ensuring you feel heard and prepared at every stage of the process.
If you need to petition for a move or contest a proposed relocation, contact us today to speak with a Beverly Hills family law attorney.
Frequently Asked Questions (FAQs)
Can I move out of Beverly Hills with my child without the other parent's permission?
No. If there is an existing custody order, you generally must provide notice and obtain either written consent from the other parent or a court order. Moving without authorization can be considered "child abduction" under California law.
What qualifies as a "good faith" reason for a move?
Common good faith reasons include a job transfer, a significant increase in salary, being closer to a support system (family), or a spouse’s relocation. A move intended solely to frustrate the other parent’s visitation is considered "bad faith."
Does the non-custodial parent have the right to block a move?
The non-custodial parent can contest the move by showing that the relocation would be "detrimental" to the child. If detriment is proven, the court will then perform a full "best interests" analysis to decide if a change in custody is necessary.
How does the court handle a move if we have 50/50 joint physical custody?
In true 50/50 joint custody cases, the "presumptive right" to move does not apply in the same way. The court will look at the case "de novo" (from the beginning) to determine which parent should have custody based on the child’s best interests in light of the move.
How far away can I move before I need a court order?
There is no specific distance in the law, but any move that significantly impacts the current visitation schedule—such as a move that makes mid-week visits impossible—typically requires a modification of the court order.
Will my child have to testify in court?
California courts generally try to keep children out of the courtroom. However, depending on the child's age (usually 14 or older), the judge may listen to their preferences or appoint a minor’s counsel to represent the child’s interests.
How long does a parental move-away case take in Beverly Hills?
Relocation cases are complex, involving many factors, and can take several months to over a year if a custody evaluation is required. It is vital to start the process as early as possible.
Can I stop my ex from moving the child if they already have a "presumptive right"?
Yes, but the burden of proof is on you to show that the move would cause detriment to the child that outweighs the benefits of the relocation. A skilled family law attorney can help you gather evidence to support this claim.
What happens to the visitation schedule if the move is approved?
The court will create a new parenting plan, which often includes longer blocks of time during summer and school holidays to compensate for the loss of frequent, shorter visits.
How is child support affected by a move-away order?
If a move significantly changes the amount of time a child spends with each parent or increases travel costs, child support may be recalculated to reflect these new circumstances.
How Our Beverly Hills Parental Move-Away Lawyer Can Help
For comprehensive guidance on relocation litigation in Southern California, contact Schoenberg Family Law Group, P.C. for a confidential consultation. Whether you are proposing a relocation or seeking to prevent it, we recognize the profound emotional stakes involved in these disputes and are committed to protecting both your child’s wellbeing and your parental rights.
Our Beverly Hills parental move-away lawyers provide strategic legal advocacy throughout Los Angeles County. Don’t hesitate, reach out to us today at 310-340-1846 or fill out our online form to schedule an appointment.
