Marin County Parental Relocation Attorney
Parental relocation is a complex area of family law that often requires hiring an attorney. Relocation or move-away cases can be stressful, confusing and emotionally draining. Regardless of the distance of the proposed move, this legal issue requires guidance from an experienced Marin County family law attorney. If you have a parental relocation case, contact Schoenberg Family Law Group for assistance.
What Does California Law Say About Parental Relocation?
A custodial parent can relocate a child in California with permission from the other parent or the court. In California, CA Family Code Section 7501 gives a parent the right to relocate or move away with a child if that parent has custody. The law states that a parent can lawfully change the resident of a child, subject to the power of the court to prevent a relocation that would hurt the rights or welfare of the child.
What Do the Courts Look at to Decide a Parental Relocation Case?
A judge will carefully review the facts of your parental relocation case before deciding to grant or reject the request. A judge will take an in-depth look into the child’s life to determine how a move would affect his or her wellbeing, looking at factors such as:
- Whether or not the move is necessary
- The distance of the proposed move and whether it will interfere with the other parent’s custody
- The strength of the child’s connections with his or her community and friends
- The child’s physical, mental and emotional needs
- The child’s relationship with each parent
- The parents’ abilities to work together and communicate
- Whether the move will inflict harm on the child
Typically, a judge will sign off on a child relocation request if both parents agree. If both parents allow a move-away, a judge will accept it, as long as it will not hurt the child’s welfare. If, however, one parent does not agree to the relocation, both parents must present the case to the family court in Marin County.
What If My Ex Changed My Child’s Residence Without My Permission?
If your ex-spouse moved away with your child without your permission, you may have legal rights if your ex did not have a court order granting the relocation. If a judge did grant your ex-spouse permission, however, your options may be limited. Contact a family law attorney as soon as you find out that your co-parent plans on moving. An attorney can help make sure your voice is heard in the court system before the move.
Can a Parent Relocate a Child Out of the Country?
Yes, a parent can relocate a child out of the country; however, these relocation cases are more difficult for the moving parent to win. Since the child’s life will drastically change and the relocation will greatly interfere with the other parent’s ability to visit with the child, a judge may not agree that the move is in the child’s best interests. Only in limited circumstances would a judge grant a parent permission to relocate a child out of the country.
How Do I Begin a Parental Relocation Request?
If you wish to initiate a parental relocation or move-away request in Marin County, consult with a lawyer about how to begin the process. A lawyer can help you appropriately frame your request in a way that proves to a judge the move will not interfere with the child’s best interests or the other parent’s relationship with the child. If your ex-spouse is requesting parental relocation and you wish to challenge it, a lawyer can help you prove your child would be better off staying put.
Contact the Schoenberg Family Law Group When You Need Experienced Legal Representation
When the outcome of a case matters as much as one proposing parental relocation, trust a family law attorney to navigate the legal system to your greatest advantage. The attorneys at Schoenberg Family Law Group work hard and approach each case with personalized legal services. Whether or not a move takes place, know that you can still function as a family. Our experienced lawyers will do everything we can to make the legal process stress-free.
To speak with a Marin County parental relocation attorney today, please call 866.963.8623 or contact us online.