Elk Grove Parental Relocation
After finalizing a divorce, one party may choose to relocate to start anew. If that party has custody of the children, it is common for them to bring the children along to establish a fresh chapter in their lives.
However, relocating with a child after divorce carries legal implications, as it can impact the other parent’s ability to maintain a strong relationship with the children. In Elk Grove, CA, parents must ensure that each party continues to have quality time with the child, even after a relocation, and the parenting plan should account for the changes caused by the move. If one party disagrees with the relocation, it must be resolved before the actual move can occur. Resolving any disputes regarding the relocation is crucial to ensure the children’s best interests are upheld.
You can trust our Elk Grove parental relocation lawyers at Bartholomew & Wasznicky LLP to assist you in understanding the state’s policies on child and parental relocation. Our legal experts can help you inform all the parties regarding the relocation and ensure that it will not violate the parenting plan. If needed, we can negotiate for the creation of a new parenting plan to fit you and the other parent so that their reservations are met. Our personalized legal service is also open for parents who would like to argue against the relocation of the other party with their children.
Secure your parental relocation rights in Elk Grove. Contact Bartholomew & Wasznicky LLP for a consultation with our experienced attorneys specializing in parental relocation cases. We understand the complexities involved and will work tirelessly to protect your interests and ensure the best outcome for you and your child. Don’t face the challenges of parental relocation alone, call (916) 260-2637 today to schedule a consultation and secure a brighter future for your family.
Definition of Relocation in California
Relocation is defined as a parent changing the primary residence of a child.
The parent who has physical custody of the child or children may be able to relocate their child if they pass the two criteria:
- The relocation will not clash with the current custody and visitation arrangements.
- The other parent has been made aware of the move through a written notice of at least 45 days if they plan to move to the new location for more than 30 days, and they have approved the move.
The case becomes a “move-away” case if the new location is outside the state or the country, and it will affect the existing custody and visitation order.
The non-moving parent will be permitted to object to the proposed relocations within the 45-day notice. The period will also be used to discuss a new visitation and custody agreement that will match the changes brought by the relocation.
Court Involvement in Child/Parental Relocation/Move-Away
While the parent who has custody can move with their child without losing custody of the child, it is different if the other parent argues against the move or if the move will be detrimental to the child’s growth.
To resolve this problem, a judge can call for a hearing to determine if there should be a change in the custody and visitation arrangements for the child in light of the proposed relocation. It is important to note that a judge won’t immediately remove a parent’s custody if there is a reason to question the relocation.
A change in custody will be considered if the non-custodial parent shows that the move is detrimental to the child, and changing the custody arrangements will be better.
A judge will consider the following factors to determine if a change of custody can be made:
- The child’s need for stability and continuity
- The actual location or distance of the move
- The impacts of the change in custody
- The child’s relationship with both parents
- The relationship of both parents to one another and if they can cooperate for the child’s benefit
- The negative impacts of the move on the child’s relationship with their non-moving parent
- The reason for the relocation
- The child’s physical, emotional, and educational needs and how they will be supported by the move
- The relationship of the child with their extended family members in their current community and during the move
- Other key factors that the court believes are relevant to the case
You can trust our Elk Grove parental relocation lawyers at Bartholomew & Wasznicky LLP to help you fight for a change in custody or get the relocation moving. We will assess your situation and use the factors that the court may consider for the case to design the best legal defense that will result in a favorable resolution.
Child Relocation and Custody Orders
The custody order that will be applied to the case can also play a role in determining if a relocation plan will be approved or not.
For sole physical custody cases, the parent who has custody is more likely to be allowed to move their child to a different location. If it is joint physical custody, the necessary arrangements must be made in the parenting plan to accommodate either parent’s location.
If the custody order is permanent based on the court’s ruling, the parent who has sole custody will be allowed to move to a different location, even if the other parent argues that it will not be for the child’s benefit. If it is a permanent joint custody arrangement, a parent will not be allowed to move away with the child unless they can show that it will be in the child’s best interest. Should there be no permanent custody order given for your case, the judge will decide based on the child’s best interest regardless of the custody arrangement.
Our Elk Grove parental relocation lawyers can be your legal representative during the trial, and we can also provide you with the resources you need to understand how the case can proceed.
Additional Protections for Non-Moving Parents
Parents who do not have custody and visitation rights can also look into various legal protections put in place during the child custody arrangements to see what can be used in case the relocation is put before the table.
- Parenting plans
If the other parent is still considering moving away with the child, check what is included in the parenting plan the court approved regarding the topic to see what protections are in place.
Usually, the parenting plan will have provisions regarding continuous contact with the non-custodial parent so they can still have quality time with the child even if they move away. As mentioned above, the parent with custody should also inform the other parent if they plan to move away from their current residence and follow the limitations set by the plan regarding the distance of the new home to the other parent’s residence, if any.
- Court Ruling
If you and the moving parent cannot reach an agreement regarding the relocation or believe the relocation is not in your child’s best interest, you can seek the court’s assistance. The court can decide the issue through a court hearing, which can be a lengthy battle as the court will consider all sides and the child’s interests.
- Revised Visitation Schedule
If you agree to the move but would like your parental and visitation rights to remain protected, you can sit down with the other parent and their legal team to create a new visitation schedule.
The schedule should consider your current circumstances and your child’s best interest. Further arrangements regarding the transportation costs can be added if the distance from your residence to the new residence is significant. If the move will be out of the state, speaking to a lawyer with experience working on out-of-state relocations is recommended.
Our Elk Grove, CA family law firm can be your legal partner to explore options available to you if you are the other parent with visitation rights. We can assist with the documentation and the court filings depending on what option you selected.
Talk To Our Legal Experts Today
Moving to a new location after a divorce will help you and your children recover from the hardship brought by the divorce. However, before making a move, it is important that the other parent is made aware of the move and that the necessary arrangements are made to the existing parenting plan to accommodate the move.
Whether you are the one relocating with the child or the parent who wishes to question the move, you can trust one of our Elk Grove parental relocation lawyers at Bartholomew & Wasznicky LLP to assist. Our team will assess your situation and help you create the best relocation arrangement that the other party can agree with while still respecting their visitation rights.
On the other hand, we can also help you question the move and find the best legal options you have. We can also provide you with all the resources you need so you can make the right legal decisions regarding any issue that may arise during the relocation issue.
Protect your parental relocation rights in Elk Grove. Consult with our experienced attorneys at Bartholomew & Wasznicky LLP to ensure the best outcome for you and your child. Don’t navigate the complexities alone – call (916) 260-2637 for a consultation today.