Help with Parent Relocations and Move-Aways in Orange County
Over 20 percent of minor children in the United States live with just one parent. In many of these cases, the children’s other parent may have partial custody or visitation rights. But what happens when the custodial parent wants to relocate with the child? Although child custody and visitation orders can be legally modified, there are specific laws regarding the relocation of a child away from a parent with custody or visitation rights.
Parents may choose to relocate for many reasons, including marrying a new spouse, moving to a new home, accepting a new job, or a change in circumstance.
Move Away Child Custody Case in the OC
The complexity of your relocation case partially depends on the current custody arrangement. The parent who is moving away can either have sole physical custody or joint physical custody of the child.
In cases where the one parent has sole physical custody, the custodial parent must give proper legal notice of intent to relocate to the non-custodial parent. The non-custodial parent may have visitation rights, and it is up to the non-custodial parent to prove that the move would not be in the best interests of the child.
If there is a joint custody arrangement, the move must be in the best interest of the child, and the custody order will likely need to be modified.
In most cases where a joint custody arrangement is in place, the parent who is going to move must file a formal request with the court to obtain a move away order. In this case, working with a skilled child custody lawyer in the OC can help your case on either side. Whether or not the order is granted depends on the best interest of the child, according to the judge.
If the judge determines that the relocation is not in the child’s best interest, they may re-issue custody and visitation orders under the assumption that the parent will relocate without the child.
Child Custody & Relocation Attorney in Orange County
There are many scenarios that can result from attempting to relocate with a child when two parents share custody and visitation rights. It is important to hire a skilled relocation and child custody lawyer in the OC to help you through your case, so that you can be prepared to work through any situation that may arise.
At Yanez & Associates, our compassionate family lawyers are ready to assist you. We will listen to your concerns and help you build a case that will result in the best situation for your family.