Valencia Relocation Attorneys
Seeking Relocation After Divorce
Wanting to move out of the city, state, or country when sharing custody
of a minor child will
require either an agreement, signed by the other parent, or a court order allowing the move of
If the parent requesting the move has sole or primary custody of the child(ren), the burden of
proof will lie with the non-custodial parent to show that:
The child(ren) moving away would cause detriment to the child(ren), and
The parent requesting the move has a bad faith basis for moving.
In the event the non-custodial parent prevails in their argument, the court must then determine
whether a change in custody is in the child’s best interest (providing the non-moving parent
custody). The court will take the follow factors into consideration when making this decision:
- The reasoning for the move by the parent requesting it,
- The distance of the requested move,
- The age of the child(ren),
- The child’s relationship with each parent,
- The desire of the child(ren) - based on age and maturity,
- The current custody/visitation arraignment and how it impacts the stability and continuity of the child,
- The current percentage of time the child(ren) spend with each parent.
If the parents share custody, the court will look to “the best interests of the child(ren).” The
public policy in the State of California is that all children should have “frequent and continuing
contact with each parent.” That being said, this public policy has not been interpreted to
prevent a parent moving away or even require them to prove the move is necessary.
If an agreement or prior court order requires the parties to get the other parents consent to be
able to move with the child, then the parent requesting the move must show that the request to
move away has been made in good faith.
There are many different standards, burdens of proof, and detailed analysis when requesting or
opposing a move away order. It is imperative that you have counsel that is experienced and will
prepare your case, providing the best opportunity to prevail. At Barnholtz & Kugler we have
many years of experience in helping parents to achieve the best result for their family.
Contact our Valencia divorce firm today for assistance from an attorney who can provide you with a legal solution to your specific case.
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