Timing is Everything in Your Child Custody Case (Especially When Filing)
"A very very common event in post-judgment custody matters involves one of the parents who has custody of the children wanting to relocate somewhere outside of the immediate area where the other parent lives. These are sometimes called move-away cases or relocation cases. When somebody comes to me and they ask me, "I've got custody, I'd like to move to Northern California for example. I live in Los Angeles County or Ventura County, I want to move to San Fransisco County or I want to move to Arizona or New York. Can I do it?" The answer is yes you can, the answer is not so simple about your children. If the other side says no, if the other parent says I absolutely not allow that to happen, then an analysis is going to be undertaken by the court to determine what is best for the children, that is the analysis. Is it best for the children to move with the custodial parent, which will obviously lessen the time they spend with the other parent, or is it not best for them? That is the analysis the court undertakes, so if the other parent says no, your only option is to give notice, and if no objection is made, you may be allowed to leave. Or if you want to be abundantly more cautious, ask, and if the parent says no you should see, if you can afford it, get an experience relocation attorney, child custody attorney, family law attorney in your area and go into court that made the original orders and ask for permission to leave with your children."
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