Compassionate Parental Move-Away Attorneys Serving Redwood City, CA
After a divorce, one parent may seek to move a child to a new location. Whether this location is close or far away, it is a complex family law matter that requires guidance from an experienced attorney. The Redwood City parental move-away lawyer at the Schoenberg Family Law Group, P.C. can help you with a relocation case, whether you are the parent wishing to move or trying to prevent your ex-spouse from moving.
What Happens if the Custodial Parent Moves?
According to California Family Code Section 7501, a parent who has a court order for sole or joint custody over minor children cannot move away without either permission from the other parent or approval from the court. If the custodial parent wishes to move, he or she must provide a written notice to the other parent within 45 days of the intended move. The notice should include the exact address where the parent plans on moving, the reason for the move and the date that the move will take place.
A hearing will be necessary if the noncustodial parent wishes to prevent the move. If both parents agree on the relocation, the custodial parent can move without a trial. If the move impacts the custodial schedule, the courts generally require an updated custodial or visitation arrangement. The parents can either work together to modify the custody order, if necessary, or the case will go to a judge. Your Redwood City parental move-away attorney will be with you every step of the process.
Court Considerations in Move-Away Cases
According to California Family Code Section 3040, the main consideration that the courts make when deciding any type of custody or visitation arrangement is that the child maintains frequent and continuing contact with both parents. If you are making a parental move-away request or trying to block a child’s relocation, bear this in mind. The courts in California will look at many individual factors when making a move-away decision:
- The distance of the proposed move
- The reason behind the move
- The current custody arrangement
- How much time the child spends with each parent
- The child’s age
- The child’s relationship to each parent
- The child’s ties to his or her school and community
- How well the parents can work together and communicate
- Where the child wants to live, if old and mature enough to make this decision
If you are trying to move away, your goal should be to show that the move will not interfere with the child’s relationship with your ex-spouse. If you are arguing against a move-away, you should demonstrate how the move would negatively impact your relationship with your child. The courts will not grant a parental move-away request if they believe that it would be detrimental to the child or not in the child’s best interest.
Legal Issues That Could Arise When a Custodial Parent Moves Away
Child custody and visitation are emotional matters. When a custodial parent moves away, it can result in legal issues related to the child being unhappy with the new circumstances. If the child is unable to adjust to his or her new school or community, for example, the child may seek to return to the noncustodial parent’s house. If the relocation is connected to the custodial spouse remarrying, the child may have issues with the stepparent. As the child gets older, he or she may simply want to live with the other parent.
Contact Our Redwood City Parental Move-Away Lawyer Today
An experienced Redwood City family law attorney can help your family with a parental move-away case and potential issues that you face after a parent relocates. At the Schoenberg Family Law Group, P.C., we can guide you through filing a move-away request, arguing against parental relocation, modifying your custody or visitation agreement, and more. We provide tailored legal services to each case and client. Contact us to request a confidential consultation.