Relocating when you share custody of your child(ren) can be difficult, regardless of whether you want to move to a new city or back to your hometown. The good news is that it doesn’t have to be complicated; in fact, it is completely within the realm of possibility.
At Feinberg & Waller, APC, our parental relocation attorneys help clients navigate all kinds of move-away custody cases. We know these cases like the backs of our hands, which is why it doesn’t matter if you plan to move immediately after divorce or years later. We are proud to say that we have helped countless clients over our decades of practice and help clients throughout Los Angeles County and Southern California.
Can I move away with my kids after divorce?
Feinberg & Waller, APC takes on relocation cases in which a divorced or divorcing parent is:
- Moving out of town
- Moving out of state
- Moving abroad
Even if you have the other parent’s verbal agreement to the move, you should also get their written approval. If the other parent ends up taking legal action, you don’t want it to come down to their word against yours. To further protect yourself and your rights as a parent, it is best to get a judge’s written approval before moving.
We recognize that most parents will not simply agree to let their ex move away with their child. For contentious move-away cases, you will need to take the matter to family court. Our Beverly Hills relocation attorneys can help you negotiate a move into a child custody arrangement or file a court order modification request.
Why Would a Judge Deny Relocation in CA?
When reviewing a relocation case, the judge will consider one factor above all else: the best interests of the child. If the move would leave the child worse off, then the judge must deny your request.
You will have a better chance for success in your relocation case if you can show that moving out of the city, state, or country would be better for your child.
Hague Convention – International Child Relocation Cases
A judge may deny an international relocation case if they believe it violates the Hague Convention on the Civil Aspects of International Child Abduction.
The Hague Convention was primarily designed to protect children from illegal or ill-prepared international adoptions. It also safeguards against child abduction and child trafficking, among other crises. If you don’t approach a move abroad correctly, you may be held accountable for violating the Hague Convention — even if you didn’t intend to.
For these reasons, it is important to work with an attorney if you are planning to move abroad with your child.
How Are the Best Interests of the Child Determined?
The judge will consider the following to determine whether the move would be in the best interests of your child:
- Will the child need to switch schools? And would the new school be better for their immediate and long-term educational needs?
- Will the move make it hard for the child to maintain a healthy relationship with the other parent?
- Will the move negatively affect the child’s relationship with any extended family members?
- What’s the reason for the move? Is it for a new job, better cost of living, or similar reason? Or does it appear to be out of spite for the non-custodial parent?
Can you modify a relocation order in California?
Consult with an Attorney:
- Seek the advice of a relocation attorney in California. They can help you understand the specific laws and procedures related to relocation orders.
File a Motion:
- In California, if you want to modify a court order, you typically need to file a motion with the court. This involves submitting the necessary legal documents to request a change in the existing order.
Provide a Valid Reason:
- Courts generally require a valid reason for modifying a relocation order. Valid reasons may include changes in circumstances, job opportunities, or other factors that impact the best interests of the child.
Mediation or Settlement:
- Some cases may be resolved through mediation or negotiation. If both parties agree on the proposed modifications, they can submit the agreement to the court for approval.
- Any modifications to a court order, including a relocation order, typically require court approval. The court will review the proposed changes and determine whether they are in the best interests of the child.
Serve Notice to the Other Party:
- It is crucial to notify the other party involved in the case about your intention to modify the relocation order. This often involves serving them with legal documents notifying them of the proposed changes.
Family law matters can be complex, and the specifics of your case may influence the process. Consulting with a qualified attorney will be essential to get tailored advice. Don't hesitate to get in contact with our team today!
Experienced Relocation Lawyers in Beverly Hills
When you come to Feinberg & Waller, APC, you can rest assured you will be getting comprehensive legal services. Our Beverly Hills relocation lawyers sit on a team of family law specialists, associate attorneys, and general counsel. Together, our legal team shares more than 150 years of combined experience.
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