Move-Away Cases in Los Angeles
Relocation, or move-away cases, occur when a parent with custodial rights to children wants to move to a new location, in-state or out-of-state. When parents are separated, a move will affect the entire family and their custody arrangement. This is why it is imperative that parents work with Los Angeles relocation lawyers, whether they are requesting a move, trying to prevent a move, or otherwise navigating a relocation case.
Oftentimes, one or both parties in a divorce wants to move, either for financial reasons or simply for a fresh start. When children are involved, the ability to move becomes difficult. In years past, the primary custodial parent often could move without considering the other parent’s ability to access the children. However, a recent court decision gives the noncustodial parent authority to stop such a move in certain cases. The court will examine whether the move is in the best interest of the child, based on factors such as his or her age, the distance of the move, relationships with both parents, the child’s preference, and the reasons for the move.
When you are facing a relocation case as a parent, it is essential that you take care when you select your legal representation to better protect you and your children’s interests.
Zitser Family Law Group, APC: Supporting Your Family in a Relocation Case
Being on either end of a move-away case is very difficult, and we understand the importance of putting your children’s needs first. Zitser Family Law Group, APC will help you advocate for what is right for your children and yourself. Contact our firm today to discuss your situation. Our goal is to help you navigate a relocation case with care and informed choices.
Our firm has significant experience with family law and child custody cases, including relocation. For over 20 years, our attorneys have supported families in Los Angeles and the surrounding communities. We know that every family’s situation is unique, and that relocation cases are often incredibly nuanced. Whether you are trying to obtain or prevent a move-away order, we take the time needed to understand your unique situation and intentions.
Move-Away Cases in Los Angeles
The family court tends to allow the relocation of a child as long as it does not affect the existing custody arrangements and the child’s other parent has been given the required notice.
Any relocation that changes custody and parenting time must be approved by the court first. Even if parents agree to the move, the court must ensure it is in the child’s interests. Every family’s case is unique and the court considers several factors when deciding whether to approve the move.
The other parent can also object to the move, any time they are provided notice of relocation. When this happens, it can change how the court addresses the relocation. The primary focus will always be the child’s best interests. The court may approve the relocation, refuse it, or allow it but with its own proposed modified custody arrangement.
Relocation cases may be handled differently depending on whether parents have joint custody, or if one parent has primary or sole custody of their children.
Move-Away Cases & Sole Custody
When a parent has sole physical custody, they can usually move away with the children without issue, unless, however, the non-custodial parent can prove that this move would result in the children being harmed. Of course, everyone’s situation is unique, so you must consult with a skilled family law attorney before proceeding. If you are the non-custodial parent and are worried about how your relationship with your children may be impacted, be sure to speak with an attorney about your parental rights.
Move-Away Cases & Joint Physical Custody
In situations where parents share joint physical custody, relocation matters can result in further complications. This is especially true when one parent opposes the move. To have a move of this nature approved by the court, the parent that wishes to relocate will have to prove that the move is in the best interest of the child. This can be difficult to prove, and regardless of whether you are the parent who wishes to relocate or the parent who wishes to prevent the move, it is important to have strong legal representation on your side.
What Does the Court Consider When Reviewing a Relocation Order?
Relocation can impact a child’s day-to-day life significantly. A significant move can prevent the child from seeing both of their parents and impact their relationships. Because of the potential instability in relocation, the court takes great care to ensure that a move is for good reason and in the child’s interests. There are several factors that the court is likely to review when deciding if a move-away order is in a child’s interests:
- How far the move is. The further the move is, the more difficult and costly it is likely to be for the child to be able to see each parent regularly. A more long-distance move will be harder to obtain.
- The parent’s co-parenting relationship. In an effective co-parenting relationship, each parent prioritizes their children’s interests and works to communicate important information with the other parent when necessary.
If parents have a poor co-parenting relationship, this affects the court’s decision. If the parent requesting relocation often refuses to let the other parent spend time with their children, or otherwise make it difficult to follow the court order, the court will consider the true cause of the relocation request. - The existing custody arrangement. The current custody order will be reviewed, and how much time the child spends with each parent. The amount that the move will affect the custody arrangement can influence whether the relocation will be allowed.
- The relationship between each parent and the child. The court will review the nature and quality of the child’s relationship with each parent, and determine if the move would prevent the child from maintaining a meaningful relationship with the other parent. If the move will negatively impact the relationship, the move is unlikely to be allowed.
- The child’s age. Relocation impacts children differently depending on how old they are. Very young children may not be affected by the move, and older children may be able to maintain communication with friends and family through other means. Young children may be affected by the instability of relocation but not have the resources to address that. Older and more mature children may also be asked by the court what their preference is.
The court may also look at other factors relating to a child’s needs and interests, including:
- The reason the parent wants to relocate, including a better home environment, moving near family members, a new job opportunity, or other reasons.
- The effect the move will likely have on the child’s schooling, social life, and community ties.
- The child’s basic physical, emotional, and medical needs.
- Any harm that the relocation may cause to the child.
Each case will be up to the discretion of the family court. Working with a skilled attorney who understands relocation cases can help you know what to expect and how to effectively present your case to the court.
How Does a Lawyer Help With My Relocation Case?
Having the right lawyer by your side during your relocation case means you can more effectively navigate the requirements, have much-needed support during the process, and may be more likely to show why your goals are in your children’s interests.
Every family’s situation is unique, and many factors can impact the court’s decision on whether to allow relocation. Working with an attorney can help you understand each of these factors, how the laws apply to your unique circumstances, and what the likely outcome of the case will be. An attorney determines how to use these laws to your advantage to protect your children’s interests. There are numerous benefits to working with an attorney, including:
- Providing you with legal advice based on the most current state and local laws which apply specifically to your circumstances
- Helping you understand the process of requesting relocation
- Representing you in court during a hearing for the relocation order
- Building a strong case in support of your goals, whether you want to request or prevent relocation
- Gathering useful documents to support the information you bring to the court’s attention
A relocation case can be a stressful time. The legal and professional support of an attorney can make it much easier.
Contact a Los Angeles Relocation Attorney
If you are required to follow a child custody arrangement but are considering relocation, you mustn’t do a thing until you consult with an attorney about your legal obligations. Additionally, if you feel that your rights are being violated by the other parent moving away with your children, Zitser Family Law Group, APC can help protect your parenting time. No matter which side of this issue you are on, you can count on our quality legal representation to ensure your child’s best interests are at the forefront. To discuss your case with a skilled team of family law attorneys, contact the Zitser Family Law Group, APC today.
