Move Away Situations
The primary concern of the Family Court in custody/visitation proceedings is the welfare of the child. This is also the court’s primary concern when one parent seeks orders allowing a move away with the child. In these situations it is important for your attorney to understand the exact nature of existing orders regarding custody and how these existing orders will affect what needs to be proved on your behalf.
An equally important concern in any child custody situation is maintaining the relationship of the child with both parents. The court is guided by state policy to provide both parents with frequent and continuing contact with children.
Conflicts between these concerns arise when one parent wants to relocate to a distant area, out of the state, or even out of the country. If you are faced with relocation, whether you or the other parent seeks to relocate, I can provide the legal assistance you need to make sure your rights are fully protected.
For more than 30 years I have 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, and if quality contact for the non-moving parent and child can be maintained. Judges have been known to deny a relocation request if an attorney was able to prove that the move would have a detrimental effect 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.