Parent Relocation Requests in the State of California
A relocation request or move-away order can be needed when one parent, typically the parent with primary custody, is seeking to relocate with the child outside the city, state, or country. Despite the distance for the planned move, a relocation request can be some of the most complicated of all family law situations.
It is advised that parents refrain from engaging in a relocation request without the legal support of an attorney who is familiar with these types of cases. A skilled attorney will help the parent, whether it is the custodial or non-custodial parent, achieve the best conceivable outcome in the case.
State of California Family Code §7501
Under Family Code §7501, an individual with primary custody of a child has the legal right to change the domicile of the minor. The custodial parent, however, cannot alter the residence of the minor without an understanding of the non-custodial parent or a move-away order. It is important to note that in recent cases, judges have denied a child’s relocation if the move is seen as a hurtful action for the child.
Relocation requests are decided on a case-by-case basis. This will usually mean that there are many factors that will be considered in the decision if a relocation request will be granted. The outcome of a case will greatly depend on the facts of the case as well as the judge overseeing the case. For this reason, it is important to seek the legal expertise of a professional attorney who has experience in move-away orders. A qualified attorney will help to protect your parental rights.
Relocation Request Process
A parent who wishes to obtain a relocation order through a court will primarily need to file the necessary paperwork with the appropriate family court. The parent seeking the order will need to specify the reasoning as to why the move is in the best interest of the child. Depending on the facts and complexity of the case, a judge will make a final decision as to whether the order will be granted.
Facing Potential Issues
When one of the parents has filed a relocation request, the burden will shift to the other parent who will need to demonstrate that the relocation will be harmful to the child and/or the relationship with the child. Without the support of a skilled attorney, the move-away order could be denied. If approved, the non-relocating parent can lose custody of the child.
Seek the Support of a Skilled Attorney
Family law cases involving children can difficult and highly complex. As a parent, it is important to understand that you have the legal right to having a relationship and contact with your child, unless it has otherwise been previously denied by a court of law. In order to safeguard your rights as a parent, consider seeking the legal expertise of a proficient attorney who can help you.
The attorneys at Milligan, Beswick, Levine, Knox LLP have the legal expertise necessary for parents going through a relocation request case. The firm is dedicated to upholding the rights of parents who are going through a custody battle. Family law cases are highly complex; obtain the legal support of a family law attorney as soon as possible.