Practice Area

Child Relocation Attorney

Child Move Away And Relocation Attorney Ventura County, California

One of the most common reasons for needing to modify a court judgment is the need to move outside of a given geographic area. In order to relocate legally, however, a parent must obtain approval from the court. The court may grant consent if the relocating parent has a legitimate need, including moving for a vocation or job, military service, or another marriage. To make your relocation request more substantial, you will need the legal support of a child move away and relocation attorney in Ventura County, California

Child Custody And Relocation Considerations

In all cases, the court will first and foremost consider what’s best for the child when making any determination; if the move substantially impacts the healthy ongoing relationship with one parent, the child relocation may be denied. If you and your loved ones are working through any relocation issue, a skilled attorney for child relocation can help you make the strongest possible case to obtain or defend against relocation.

Child Move Away And Relocation Laws In California

Once you have decided you want to relocate with your child for either a change in job, to be closer to your family, or to seek education, the non-moving parent may raise concerns. In this case, you might want to seek a child move away order from court. California child relocation attorneys can walk you through the process.

Under California Family Code Section 7501, the child move away and relocation laws state that:

  • A parent with primary physical custody of the child has the authority to switch the child’s residence pertinent to the court’s power to restrain the relocation considering the welfare of the child
  • The legislature intends to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, i.e. a parent seeking to relocate does not bear a burden of establishing that the move is necessary as a condition of custody

California’s Legal Process For Child Move-Away And Relocation

Before planning a move away, the child’s parent is bound to submit an order to the court stating the reason for the relocation and how it would work in the child’s best interest. After filing the case in court, you will have to attend a few court hearings in which the court will analyze whether the move away would prejudice the child’s welfare or not. The court also spares no effort to ensure that the child has healthy communication and relationship with both parents. After this, the relocating parent stipulates permission from the other parent who even has the right to custody, but it has to be proven that the custody changes would ultimately benefit the child’s best interest.

Factors Involved In A Child Move Away And Relocation Case

There are a variety of factors that the court considers before giving relocation authority to the custodial parent. These factors are mentioned below:

  • The court evaluates the stability and the interests of the child
  • The child’s age
  • The distance at which a parent is moving
  • Relationship of the child with both the parents
  • The limit of sharing the bond to the parents of the child in custody
  • To check the importance of the child’s sensible demands
  • The reason behind the move away of the parent
  • The balance of current custody among both the parents

How Can You Make Your Relocation Case Stronger?

Moving away is a decision full of technicalities if you are co-parenting with the custody settlements. The moving and non-moving parent can have a few disagreements, for which you will have to revisit the terms and conditions with the help of a child move away attorney. Being a first-time custody parent, it can be hard for you to sort things out, but a few thoughtful steps can make it easier for you to win the case, which are discussed below:

Have an insight into the move-away law in California

Under the California Family Code 7501, the parents are allowed to move away but under certain conditions. In such cases, the non-custody parents work to prove the adverse impact of the move away on the child, but in joint custody, both parents have equal rights. In this case, the parents file an appeal in court, but the court treats this case as a new matter and gives an order of relocation with maximum efforts to make it best for the child under the umbrella of Uniform Child Jurisdiction and Enforcement Act (UCCJEA). The move-away appeal is not accepted if it is unfavorable for the child. There can be various technicalities in the case, but a child relocation attorney in Ventura can handle your case and obtain favorable outcomes.

Build a strategic plan for the move away

Going through a move-away case? Being a loving parent, you should move one step ahead of the other party. Want help from professionals? Our child move away and relocation attorneys can curate simple, realistic and achievable tactics to win your relocation case. Our strategic planning gives us an edge to prevail in a given situation.

Stay honest throughout the case

Getting caught in a lie during your proceedings can have adverse effects on your case. If your dishonesty is discovered during the trial, you can have your move away request restrained. Be honest with all the aspects of the case with your attorney, or hire a lawyer who can fix this case for you. If you need someone to represent your case in an appropriate way, contact a child move away attorney today.

Let Our Child Custody & Relocation Attorney Help You

Regardless of your issues, Hartley Lamas Et Al will help you reach the best possible resolution for your circumstances. We will delineate all matters, including motives, the child’s wishes, and interests (including family and education opportunities). By working directly with clients to understand their unique needs, we have helped hundreds of families elevate their well-being. Because of the need to be compliant and the time sensitivity of these issues, we encourage you to reach out as soon as possible. To get in touch and schedule an initial consultation to discuss parental relocation and custody modification with one of our Ventura County child move away and relocation attorneys, call us at (805) 639-0600 or  email the firm.

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