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Pasadena Move-Away Attorney

Understand How Relocation Affects Child Custody

Move AwaysWhether 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 initial consultation!


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.

Take the first step and call Goldberg & Gille today!

Contact Us

Goldberg & Gille />
Pasadena Family Law Attorney
131 N El Molino Ave, Suite 310A,
Pasadena, CA 91101 (View Map)
Phone: (626) 340-0955
Local: (626) 584-6700

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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.