Representing Parents In Move-Away Cases
Move-away cases are among the most complex types of custody modifications to address in California. Recent court rulings have given family court judges the power to approve or reject relocation petitions on a case-by-case basis. If you wish to relocate or challenge a relocation, it is important to present a persuasive argument to the judge assigned to your hearing.
At Mike Darlington, Attorney at Law, I am ready and equipped to take your case. I have successfully represented countless parents in Shasta County with custody modification issues. As a former judge pro tem, I know which factors judges take into account when deciding these matters. I use this insight to build strong cases that get results.
What You Need To Know About Parental Relocations
Unmarried, divorced or separated parents need to receive the other parent’s approval or the court’s approval before they can relocate. Other states have strict guidelines regarding the distance a parent is allowed to move before requiring a custody modification. In California, if your move will affect your custody arrangement, you will need to change the terms in this agreement.
If you are unable to reach an agreement on new custody or visitation terms with your child’s parent, you will need to secure a court order for this move. Judges consider a range of issues before they make their decision, which includes these matters:
- The type of custody agreement in place. If one parent has sole custody, it may be difficult for the noncustodial parent to challenge a move. When parents share custody, the judge will need to determine whether the move will support the child’s best interest.
- The impact the move will have on the child’s life and the child’s stated preference
- The reasons the parent seeks to move
- The parents’ ability to work together to support the child’s best interests regardless of distance
These cases can have a large impact on the parent-child relationship, which is why they are often contentious affairs. As your lawyer, I will advise you objectively to minimize the effect your emotions can have on your judgment. You can depend on me to use the law and effective evidence to support your side.
Get The Honest Advice You Need During A Difficult Time
Contemplating a move? Challenging a move? Talk to me before you act. I offer no-cost consultations on many family law matters, including move-away cases. Please email my Redding office or call 530-410-0858 to reach an experienced attorney.