Pasadena Move-Away Attorney
Understand How Relocation Affects Child Custody
Whether you are considering moving with your child away from your current
home, or are facing the possibility of an ex-spouse relocating your child,
it is essential that you understand your legal options. First and foremost,
relocating a child without the legally recognized knowledge and consent
of their other parent can be considered kidnapping, so it is crucial that
you take necessary measures to ensure that a move-away is legal and in
the best interest of your child.
At Goldberg & Gille,
we understand that life often calls us to new places and that our journeys are constantly evolving as we grow. Unfortunately,
it is not always easy to keep pace with the changes that life throws at
us, especially when we become parents. Our duty as parents is to ensure
the well-being of our children, which can become complicated if you and
the other parent of your child are separated. Our
Pasadena family lawyers want to help you understand how to navigate
child custody arrangements when considering moving away from your current home.
Is a Move in the Best Interest of Your Child?
In order to relocate a child when a custody arrangement is in place, you
must submit a motion to the court requesting new custody orders. If your
ex-spouse is seeking a move after a
divorce, you can file a motion to have the current custody order changed so that
the child can remain in his or her current home. When considering these
motions, a judge will examine numerous factors to determine whether the
move aligns with or violates the best interest of your child.
Factors that a court will consider include:
- The effects of change to environment
- The child's involvement in community
- How much time a child currently spends with each parent
- How long current arrangement has existed
- The nature of the relationship between the child and each parent
- The relationship between the child's parents
- How old the child is
- If of a mature age, the child's own preferences
- The distance of the relocation
- The reason for the move
Ultimately, if it is determined that a move will place unnecessary and
potentially harmful strain on the child's emotional well-being, relationship
with the other parent, and/or significant life opportunities and events,
the family law court will generally decide that the child remain. If,
however, the court finds that no significant damage will be done if a
move takes place, it will work to reconfigure an arrangement that allows
for the child to be relocated.
Discuss the circumstances of your relocation with our team in an
The Impact of Relocation
If you and your ex-spouse have
joint custody of your child and you are seeking to relocate, the custody arrangement
will need to be reexamined to fit the best interest of the child. This
could mean lengthening the consecutive days spent in each parent's
custody. The difficulty of joint custody arrangements when parents live
substantial distances from each other usually involves minimizing the
disruption to the child's life. Custody arrangements in move-away
cases typically have to consider a child's education, participation
in certain activities and overall stability.
Sole custody arrangements are often much easier to handle. If one parent has sole custody
of his or her children, it is typically within their presumptive right
to relocate the child. However, the court must still consider the visitation
rights of the non-custodial parents and make an necessary changes to custody
orders accordingly. Similarly, if the non-custodial parent disputes a
move-away, he or she must prove that the move away would substantially
harm the child's quality of life. This can be difficult to prove without
help from an experienced family law attorney.
Hire a Board Certified Specialist. Call 626-340-0955 Now!
Move-aways can be complicated and difficult to navigate. We have the experience
you need to feel confident that you can reach an agreeable resolution
in the best interests of you and your child. At Goldberg & Gille,
we want to help families ensure that they can follow the path that their
lives are leading them down while minimizing any damage to their relationships.
With a combined 80 years' experience, we can guide you through altering
custody arrangements for relocation. We hold the needs of our clients
and their children as our top priority and are dedicated to helping families
reach solutions to legal battles. Our aim is to help mitigate stress and
conflict of move-away cases and provide you with the legal guidance you deserve.