San Mateo Parental Relocation Attorney
It is not uncommon for one parent to want to move away or relocate after a divorce. In some cases, this is a personal choice, while in others, it is required for a job. In a parental relocation case, there are two key questions: whether the parent is legally allowed to move away and how the parents will amend their parenting plan. At Schoenberg Family Law Group, P.C., our San Mateo parental relocation attorneys can help you with this complicated family law matter.
Is it Legal to Relocate a Child Out of Town or Out of State?
Yes, it is legal to relocate a child out of town or out of state, as long as the parent goes through the proper outlets to do so. California Family Code Section 7501 states that a parent with custody has the legal authority to move a child, subject to the power of the court. The law presumes that the custodial parent has a valid reason to relocate and is serving the best interests of the child. If the noncustodial parent wishes to prevent the move, it is his or her burden to prove that one or both of these assumptions are not true.
The Parental Relocation Process
For a parent to move a child, the parent must receive permission from the other parent or an order from the courts. If both parents are in agreement on the move, they can work together to create a new parenting plan and submit it to a judge. Otherwise, the matter will have to go to court. Either way, the parent that wants to move must notify the other parent and petition the court for consent.
If the other parent wants to contest the relocation, he or she can attend a hearing and state a reason for the contestation. If the parent believes that a move would interfere with the child’s best interests, for example, he or she can provide evidence of this in an attempt to stop the move. The parent wishing to move, on the other hand, could argue that it would be in the child’s best interest.
California Family Code Section 3040 states that the courts will do what they can to ensure the child maintains frequent and continuing contact with both parents. If the relocation would interfere with one parent’s relationship with the child, this could stop the move. If the parent does not have a valid reason to move, this could also halt the relocation. The courts in San Mateo can consider many factors when determining a parental relocation case, but the main one is the child’s best interests.
Altering Your Parenting Plan for a Move-Away
If the custodial parent has the right to relocate with a child, both parties will need to alter their parenting plan to factor in the move. If the move is not very far away, the parenting plan may not need major adjustments. However, if one parent is moving out of the state or country, the custody and visitation plan may require significant updating. If both parents can work together to alter the custody arrangement, a judge will most likely sign off on the new plan created. Otherwise, the matter will go to court and a judge will create a parenting plan for the family based on what is best for the child.
How a San Mateo Parental Relocation Lawyer Can Help
Parental relocation cases in California are determined on a case-by-case basis. Whether you are the parent wishing to move away or the parent who wants to stop a move, you could benefit from hiring an experienced family law attorney in San Mateo. An attorney who has handled these types of cases before will understand the surrounding laws and how to navigate them in a way that will get you closer to your goals. Your attorney can help you with many complicated matters, as well as keep the legal process simple and stress-free for your family.
Choose Schoenberg Family Law Group, P.C. for a Parental Relocation Case
At Schoenberg Family Law Group, P.C., we understand how emotional a parental relocation or child move-away case can be for the entire family. We provide tailored and compassionate legal counsel in San Mateo and throughout California. Our lawyers will do their best to help your family work through a complex and sensitive legal situation. We will fight for the best outcome for you and your child. To consult with a San Mateo family law attorney, please contact us online to request a consultation.