Valencia Relocation Attorneys
Seeking Relocation After Divorce
Under the California state law, a parent who has custody of a child after divorce must take specific steps if he or she wishes to move outside of the state. They must first obtain the consent of either the noncustodial parent or legal permission from the family law court. The state of California has specific laws on those who wish to relocate while still holding onto partial or full physical custody of their child or children. With the high unemployment rate as well as the high state tax laws and job loss, residents are feeling the need and desire to move further away in order to obtain a better lifestyle. Before this party can take any steps toward relocation, they should speak with a
Valencia divorce lawyer from our firm. At Barnholtz & Kugler, we are dedicated to providing our clients with competent legal assistance they need to pursue the best and most favorable outcome for their child and themselves.
Requirements for Relocation
Need an attorney for a relocation case in Santa Clarita? It is essential to not take matters into your own hands if you wish to relocate or if you are in opposition to a relocation action of the custodial party. Under state law, the individual wishing to move must comply with all parental relocation laws. They must begin by attempting to obtain the consent of the noncustodial parent as soon as possible. This must be a premeditated action and they must provide reasonable opportunity for the other party to contest the move. If the noncustodial party does not place his or her consent on the move, the parent wishing to relocate can then proceed to obtain permission from the court. This individual can request a modification of the existing agreements for the move to be accepted. The child custody and
visitation agreements will have to be readjusted.
Whatever position you are in, it is important to ensure that your rights are protected. If you are the individual wishing to move with the children or if you are the parent who feels threatened by this potential relocation, it is important to speak with a Valencia divorce attorney from our firm. A Valencia relocation attorney from our firm can discuss your case with you and help you know and understand the best steps to take in this circumstance. We can assist you by negotiating with the other party and if all else fails, taking your case to court. Are you searching for a lawyer for a relocation case in Valencia? Our firm does what it takes to ensure that your rights are protected and that the child's best interest is placed as the highest priority.
California's Child Relocation Laws
In the state of California, "move-away petitions" must be filed if the custodial party wishes to move somewhere else. Before granting the petition, the court will take several factors into consideration. The child's best interest will ultimately be placed as the primary consideration when the court rules to determine whether the relocation will be accepted or not. They will consider the age of the child and his or her relationship with the parents, as well as the reasoning behind the move and how it will ultimately benefit the child. How the move will impact the non-custodial parent's ability to access the child and continue to have a relationship will also be considered. Every child is different and can adapt in different ways, which is why the way that the move will negatively impact the child is assessed.
The laws surrounding the modification of a custody order that is already in place can be complex. For that reason, it is important to have a Valencia divorce lawyer by your side as you navigate this legal battle. If you need to relocate with your children and have a viable reason for this move, our attorney can be by your side throughout the entire process. If you are a non-custodial parent who wishes to prevent your child from being taken further away from you, our firm can also provide you with a strong case. Contact our Valencia divorce firm today for assistance from an attorney who can provide you with a legal solution to your specific case.