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At Land Legal Group, our Los Angeles family law attorneys know that life circumstances often evolve after a divorce, leading to changes that may affect the original custody arrangement, including one parent’s need to move away.
A parent may need to relocate for various reasons, such as a new job opportunity, financial stability, or family support in another area. These shifts can require modifying the existing custody order, as the move may impact the child’s relationship with the other parent and the current visitation schedule.
While California parents are encouraged to cooperate and find solutions that prioritize the child’s best interests, a relocation can lead to legal challenges if contested.
Do I Need the Court’s Permission to Move Away with My Children?
Relocating with children in California can present significant legal challenges due to the state’s strict child custody laws designed to protect the child’s best interests. Once a custody order is in place, a parent seeking to move with their child must obtain court approval if the relocation would impact the other parent’s visitation or custody rights.
The court considers various factors, such as the reasons for the move, the distance, the child’s relationship with both parents and the potential impact on the child’s stability and well-being.
Our attorneys are dedicated to representing parents on both sides of move-away cases, whether you are seeking to relocate with your child or contest the other parent’s proposed move. For parents wishing to relocate, we build a strong case demonstrating that the move serves the child’s best interests by addressing improved quality of life, educational opportunities, or family support.
For parents opposing the relocation, we provide strategic advocacy to protect your parental rights. We emphasize the importance of maintaining a close relationship with your child and ensuring that the current custody arrangement is upheld. Our experienced legal team works to negotiate favorable solutions through negotiation or litigation to provide the best possible outcome for you and your child.
Custody Decisions Can Interrupt Plans to Move Away with Children
The California Courts are only interested in the best interests of the children in each case they rule on. That includes custody cases, and how each parent is awarded time with their kids. Moving children away from another parent is not ideal since the courts focus on the importance of both parents being involved in their children’s lives.
Primary Physical Custody
If you are awarded primary physical custody of your children, it is possible to move unless the other parent can prove that doing so would harm the children. Other questions regarding sole custody can include whether it was awarded temporarily or permanently. If you have temporary primary custody of your children, moving them away can be effectively challenged by the other parent because the custodial designation may change going forward.
If the other parent is not physically involved in the children’s lives or cannot be found and alerted to an impending move, the parent who is moving must prove that every attempt at locating and notifying the other parent was made before the move is approved through the courts.
Joint Physical Custody
When both parents share custody of the children, the parent who wants to move the children must prove that doing so is in their best interests. Current parenting schedules and plans will play a large part in the judge’s decision to approve the move.
When both parents have significant roles in their children’s lives, moving the kids away from the other parent is going to be challenging but not impossible. Depending on the reason for the move, our Los Angeles Children’s Attorneys can make a compelling argument that your livelihood and that of the children will thrive in your new location.
Contact Our Family Law Attorneys in Los Angeles Today
Call (310) 746-5857 today or contact us online to connect with the Land Legal Group’s team of adept family law attorneys in Los Angeles and learn how our decades of combined experience can help build your case for success.
