Custodial Parent Relocations
When one parent wishes to move away from the area, it can affect the custody and visitation arrangements that were ordered when the divorce was finalized. If the parent with primary custody moves out of state with the child, it can also affect the child support payments. The cost of visitation for the other parent can increase because visits may require an airplane trip or a longer than customary car ride to exercise visitation.
A relocation case requires a move-away order from the Court and an experienced lawyer with up-to-date knowledge of the law. If you are seeking to move out of the area, or are trying to prevent such a move, call us. We will fight for you and the rights of your children. Contact us at the Law Offices of Robert Deller & Associates. Call (951) 680-9000.
A move away must be approved by family court
The Family Court requires that relocations (move-aways) be approved by the Family Law Judge, even if both parents agree. The primary criteria for approval are the best interests of the children. The kids are often in the middle in relocation disputes. Adding to this is the ongoing evaluation of the law, making a move-away case far less straightforward than it used to be.
Considerations in a relocation request
The Family Law Judge considers a number of factors when determining if the custodial parent can move away from the area. Some of them are:
- How much time the non-custodial parent has spent with the child
- Distance of the move
- Ages of the children
- Relationships between parents
- The child’s preference when they are old enough to make such a choice
- Reasons for the move
The best interests of the child are central in a move away decision
We can help parents who are either seeking or preventing a move-away. If in fact, that is in the best interests of the child(ren), there are many tools that are used on both sides of the issue of the request for a move-away. One such tool is to request an evaluation (Evidence Code, Section 730). In those instances when an evaluation is ordered by the Court, a Psychologist performs an extensive evaluation and makes a recommendation to the Court on the issue of what is best for the child(ren). Our attorney has the experience and knowledge you need in a relocation case, whatever side you are on. It is important for both parents to recognize, however, that Family Law Courts place emphasis on the best interests of the child when it comes to a request for a move-away.
Contact Riverside lawyer Robert Deller if you are trying to move away or are trying to prevent a move.
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