Finding a Great Move Away or Relocation Custody Attorney in Orange County
How to Find the Best Move Away and relocation attorneys in Orange County: When two parents share custody of a child or when one parent has custody and the other parent has visitation rights with the child, issues can arise when one parent wants to move out of town, out of the State of California, or out of the country. Custody and visitation decisions should always be made based on what is in the best interest of the child, however, under some circumstances the parents may not be able to live near enough to each other to both spend time with the child.
When issues like this come up, it is called a move away custody case. Depending on your custody agreement, you or your child’s other parent may have different responsibilities and arguments in the case. It is always best to consult with a child custody attorney who has experience in relocation custody cases, and who will take the time to get to know your family situation and assist in making decisions in the best interest of your child and your family.
How do I Find the Best Move Away Child Custody Lawyer in the OC?
When you’re looking for a great attorney in a family law case, it’s always a good idea to do some research. If you have a family law attorney who helped you throughout your custody case, you may ask him or her for recommendations of attorneys who have experience working with relocation custody cases.
When you first contact a lawyer or a law firm, a great attorney will take the time to speak with you and schedule an in person interview. If a lawyer at the firm doesn’t speak to you or call you back, he or she either doesn’t want to talk to you, or doesn’t have the time to. Either option is not a good quality in an attorney.
At your in person consultation, make sure that you are meeting with an attorney. Your attorney should ask you about your case and discuss payment options and fees. Remember that before you hire the attorney, there is only so much he or she is able to discuss, but during the first consultation, the attorney should try to get to know your case, what you want or expect from it, and ask if you have any questions.
Depending on the type of custody arrangement that you have with your child’s other parent, the attorney should be able to offer you an overview of your best options and some general processes of how your case could potentially turn out.
Make sure that your attorney has experience in move away custody cases. You can always ask him or her how previous cases have turned out so that you have an idea of what could happen with your case.
What Happens in a California Move Away Custody Dispute?
Your attorney can give you an overview of how your case will go through the court. Generally, if the parents have joint custody of the children, or if the judge needs to determine the best custody arrangement for the child, a move away custody case in California begins with a custody evaluation. Both parents can submit their own ideal custody arrangements, and over the course of several months, the custody evaluator can determine the best custody arrangement for the child based on the observation of the child and family.
The Court will consider several factors when determining how to handle a move away or relocation custody case.
• The reason that the moving parent wants to move can affect whether or not the judge thinks the child needs to move away.
• At 14, a child in California may have some say in his or her own custody arrangement, so the judge may consider the child’s wishes.
• The child’s relationship with both parents always affects the terms of a custody order.
• The current custody arrangement, depending on how long it has been in effect and whether or not it is still valid or a change in circumstances warrants a change in custody will affect the move away case.
• The child’s ties to his or her community, including friends, school, the child’s healthcare needs, and other factors can affect the case.
• Whether either parent is likely to encourage the child’s relationship with the other parent can also affect the case.
How Does my Custody Agreement Affect a Move Away Custody Case?
Are you a custodial parent looking to move away with your child? Before you can move, your custody order will need to be modified so that the child’s relationship with the other parent will be protected even if they live a distance apart. Are you a noncustodial parent looking to prevent your child from moving away with the other parent? If it is in your child’s best interests, the court could grant your wish. Do you and your spouse have joint custody of your child? If either parent wants to move away, the court will have to determine the best custody and visitation agreement for your child.
If a joint physical custody agreement is in place, both parents begin the move away case equally. A new custody agreement will need to be made, assuming that one parent is definitely moving. The custody agreement will be based on the child’s best interests, and created like any child custody agreement.
If a sole physical custody agreement is in place, the custodial parent has a presumptive right to either move or remain with the child. Therefore, the noncustodial parent would have the responsibility of proving that the custodial parent’s decision is not in the best interests of the child. If the noncustodial parent can do so, a new custody order will need to be created.
Orange County Relocation and Move Away Custody Lawyer in Orange County
If you and your child’s other parent are not planning to remain in nearby cities, you may be facing a relocation custody case in California. Contact the attorneys at Yanez & Associates to schedule your free initial consultation so that you can protect your child’s best interests.
Table of Contents
- 1 Finding a Great Move Away or Relocation Custody Attorney in Orange County
- 2 How do I Find the Best Move Away Child Custody Lawyer in the OC?
- 3 What Happens in a California Move Away Custody Dispute?
- 4 How Does my Custody Agreement Affect a Move Away Custody Case?
- 5 Orange County Relocation and Move Away Custody Lawyer in Orange County