Parental Relocations / Move Aways 

Southern California Relocation Lawyer

Will Parental Relocation Impact Custody or Visitation?

In the current economy, it is common for a parent to decide to relocate to another state or county for a new job, financial reasons, or personal reasons, such as marriage. However, what happens when parents are raising a child in two separate households? It is unreasonable to expect that the former spouse or partner will move just because the primary parent got a new job. However, it is also unrealistic for the relocating parent to stop accommodating the other parent's visitation just because they are moving away.

That is why California law requires parents to obtain prior approval from the court for the relocation. Failure to do so may jeopardize your parental rights. Attorney John A. Balent is understanding of our clients' needs. We offer experienced representation to help clients work through parental relocation matters in Southern California. Contact us for a free initial consultation.

How will the move affect your child?

As with any matter affecting your child, the court will evaluate the best interests of your child when there is a request for relocation. How will the relationship continue between the child and the non-custodial parent? It is important for this relationship to be maintained.  

Relocating Parents: If you are the parent requesting relocation, it is important to show to the court how you will accommodate the other parent's visitation rights. How will transportation costs be handled to accommodate visitation? In most cases, it will be necessary to modify the existing custody and visitation order/agreement - usually to longer visitation on the holidays and school breaks.

Non-relocating Parents: If the primary parent is relocating and you wish to contest the relocation, it will be necessary to show the court how the relocation will put an undue burden on yourself, how it will hinder your relationship with your child, and how it is NOT in the best interests of the child. It may be that the other parent is simply moving to spite you - we can work to expose the truth.

If the relocation is approved (either by the court or by mutual agreement between the parents), it will be necessary to revisit the child custody and visitation order as well as the child support order and make any necessary changes. We can assist clients with modifications of custody and visitation as well as modifications of child support.