San Jose Child Custody Lawyer - John S. Yohanan

The most important concern in any child custody situation is protecting the relationship of the child with each parent. This is particularly challenging for non-custodial parents and California family courts work hard to ensure that parental rights are protected.

However, there are times when the well-being and the needs of the custodial parent come into conflict with the needs of the non-custodial parent: in situations in which the custodial parent wishes to move out of state or to a distant community.

If you find that you need to move yourself and your child to another location, or you are a non-custodial parent facing the loss of contact with your child because the other parent is threatening child relocation, contact the San Jose law office of John S. Yohanan.

I am attorney John Yohanan. For more than 30 years I've been helping parents protect their rights in negotiations and in court in divorce and paternity cases involving child custody and child support.

I can help you understand your rights in parental move-away and child relocation situations and can bring your case to court to request permission to move or to ask the court to deny permission to move.

Typically, California family court judges do allow parents to move to a new location if they have a good reason to move, such as a job offer. Judges have been known to deny a relocation request if an attorney was able to prove that the move would have a detrimental affect on the parent-child relationship of the non-custodial parent, especially if it looks like the move has been initiated in order to deprive one parent of his or her visitation rights.

The family court judge will consider the costs of transportation when making a decision regarding child relocation and will often require the parent moving to another state to pay for the cost of visiting the non-custodial parent. It's also common to grant that parent larger blocks of uninterrupted visitation in an attempt to ensure time with the child stays approximately the same, even though not as frequent.

If you are considering moving away and taking your child with you, do not simply move away and violate your court order. Talk with an attorney first and properly petition the court for a change.

I can help you understand your rights and responsibilities in child custody in Alameda County, San Mateo County, and Santa Clara County. Contact my San Jose law office for advice and legal representation.