Feinberg & Waller, APC
Beverly Hills Office- 310-859-7122
Calabasas Office- 818-224-7900
Exclusivity in Practice
Integrity in Performance
Results-Oriented Divorce Attorneys

Managing Child Relocation After Divorce

When economic considerations require a move, it comes time for parents to revisit their custody plans. However, an open doorway to one parent will often feel like a closed door to the other when "frequent and continuing contact" with the children becomes no longer economically feasible after a move.

Since some parents may want to move just to limit custodial access by the other parent, and if so that is certainly something to be argued to the court when opposing the move, because the court will consider all relevant factors associated with a contemplated move, including if the move is motivated by a desire to hurt the other parent. The divorce court will examine the reasons for the move, in addition to its impact on the best interests of the child. When both parents have frequent contact with their children, the court may presume that any move away from one parent will be detrimental to the child.

For noncustodial parents faced with the possible move of a child, you should be sure to address the issue with the court as soon as possible, particularly if the move is imminent. Exercise all custodial time and be proactive in your child's life. A move-away will often be more likely to be approved if a non-custodial parent is disengaged.

Custodial parents should remember to give as much notice of the proposed move to the other parent as possible. This can't be a last minute decision. It can also help provide a plan that will allow the other parent to maintain frequent contact with the children.

Because of the potentially damaging consequences of relocation, the court will review all relevant factors, including the need for stability, to achieve the most equitable arrangement possible that is in keeping with the court's primary concern in this context: making an order that is in the best interest of the children.

The relocation of a custodial parent requires substantial adjustments for everyone. With the interests of parents so opposed, it's difficult to achieve a settlement that pleases everyone. By giving serious consideration to the impact on children, the court can try to mitigate some if not most of the potential damage to the parent/child relationship.

No Comments

Leave a comment
Comment Information

Calabasas Office
23501 Park Sorrento
Suite 103
Calabasas, CA 91302

Beverly Hills Office
433 North Camden Drive
Suite 600
Beverly Hills, CA 90210

William A. Feinberg 1928 - 2001

We are grateful for the tremendous service of our founder who passed away.

View Our Video, "Marshall Waller, Martindale Hubble AV Rated Preeminent Attorney"

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell ratings fall into two categories-legal ability and general ethical standards.

  • AV Preeminent Martindale Hubbell lawyers Ratings
  • State Bar Of California | California Board of Legal Specialization
  • Ventura County  bar association | Est. 1928
  • Avvo
  • Beverly Hills Bar Association
  • Super lawyers
  • San Fernando Valley Bar Association
  • LACBA | Los Angeles County Bar Association
  • The State Bar of California
  • TLC | Los Angeles | Trial Lawyers Charities