What Are California’s Child Custody Relocation Laws?
Relocating with your child after a divorce can be contentious, especially if you share custody with your child’s other parents. Fresno family law attorneys say you risk legal consequences if you move away with your child without the other parent’s consent. So, familiarizing yourself with California child custody and relocation laws is crucial to stay safe.
The laws uphold a child’s best interests while balancing the rights and interests of both parents when determining whether relocating with the child is appropriate. Generally, a move by one parent can tamper with the existing custody arrangements, affecting the child’s relationship with both parents, hence the need to critically evaluate the circumstances of the relocation.
How Do Courts Handle Relocation Disputes in Child Custody Cases?
Resolving relocation disputes in relation to child custody can be complex. Child custody lawyers in Fresno highlight that recently, California made some notable modifications to family law to enhance the process of settling relocation disputes:
- Mandatory mediation: Parents in a relocation dispute are required to participate in mediation before any court hearing regarding the issue. Mediation can help reduce the adversarial nature of relocation disputes while encouraging parents to be more amicable in the negotiations.
- Streamlined court procedures: The law provides expedited court hearings for relocation cases to reduce the time spent in legal disputes. It also helps minimize the emotional impact of an extended legal dispute on children and their parents.
- Judicial framework: Judges have judicial guidelines they must consider when ruling over cases involving a permanent move of the custodial parent and the child.
If you conflict with your child’s other parent over relocation with the child, consult experienced Fresno child custody attorneys. They can explain everything you need to know about the move and what to do for a favorable outcome.
What Factors Do Courts Consider in Relocation and Child Custody Cases?
Generally, you can relocate with your child or change where they live under the following circumstances:
- The move won’t interfere with the current custody and visitation orders
- You have given notice to the other parent, letting them know about the relocation
If you want to relocate a child’s residence to a faraway location that interferes with visitation and custody orders, you may need to file a petition in court before moving away. Factors that courts consider in relocation or move-away cases revolving around child custody include the following:
- The reason for relocation
- The distance of the intended relocation
- The type of custody in place
- The age, physical, educational, and emotional needs of the child
- The bond the child shares with both parents
- The environment in the destination location and how well it provides stability and continuity for the child
- The parent’s ability to keep communication lines open and how well they put the child’s interests ahead of their own
- Any disservice the relocation may have on the existing custody and visitation arrangement
- Any harm the relocation may have on the child
- The child’s wishes on where they wish to live, depending on their age and maturity
- Other relevant factors that may affect the child’s best interests
Working with your child’s other parent is advisable to find a solution that provides stability and reassurance for the child when moving out of state. If you disagree, consult experienced child custody lawyers in Fresno for legal guidance.
Sole Physical Custody and Relocation
If you have sole joint custody of a child, the court will likely allow you to move with the child. However, the judge will first evaluate whether the physical custody order is permanent. The order is permanent if it was made as part of the final divorce decree.
Generally, a judge may allow you to move with the child if you have sole physical custody unless the other parent can prove that the relocation would harm the child’s wellbeing. Empathetic family law lawyers in Fresno can help you build a solid case to support your relocation request, ensuring it upholds the child’s best interest.
Joint Custody and Relocation
Your child’s other parent can object to your out-of-state with the child if you share custodial arrangements. Any move that disrupts the existing custody arrangement or can damage the child’s relationship with the other parent will require the court’s approval.
Fresno child custody lawyers point out that a family court can deny your relocation request unless you prove that moving away is in the child’s best interests. Struve to present a strong case in court to increase the likelihood that the court will approve your move.
Travel Expenses and Child Support Considerations
Once you and your child’s other parent agree on the relocation, the new custody arrangement must determine who is responsible for the travel costs. It also must address the travel logistics during visitation time. These costs can be significant if the relocation is out of the state and the children are very young and must be accompanied.
Visitation-related travel expenses are extraordinary expenses that you should account for when determining child support obligations. The court can decide how the expense should be divided between you and your ex.
An Experienced Child Custody Lawyer Can Guide You in Your Child Custody and Relocation Case
You may have a genuine reason to relocate with your child after a divorce, but the process may not be so smooth if your child’s other parent doesn’t consent. You must file a petition and present it, showing that the move won’t harm the existing custody arrangements and will be in your child’s best interests.
Fresno child custody lawyers at Bains Law Offices can work on your case to help you fight for a favorable outcome. Custody cases can be complex, but our dedicated team knows how to navigate the system for a favorable outcome. Call us at 559-282-8924 to schedule a FREE case evaluation.