Pasadena Move-Away Attorneys
Understand How Relocation Affects Child Custody
Whether you are considering moving with your child away from your current home, or are facing the possibility of the other parent relocating your child, it is essential that you understand your legal options. First and foremost, relocating a child with existing visitation orders without the legally recognized knowledge and consent of the other parent can be considered kidnapping, so it is crucial that you take necessary measures to ensure that a move-away is legal and is in the best interest of your child.
At Gille Kaye Law Group, PC, we understand move-aways. We have authored articles and taught classes on move-away issues. We have represented the rights of children and parents when a move-away is proposed. We have handled both sides of the issue for moves all over the United States, to Europe, the Middle East and to Asia. Our Pasadena family lawyers want to help you understand how to navigate child custody arrangements when considering moving away from Los Angeles County.
Is a Move in the Best Interest of Your Child?
To relocate a child when a custody arrangement is in place, you must submit a motion to the court requesting new custody orders. If the other parent of your child is seeking a move after a custody or divorce judgment is in place, you may be first to file a motion to have the current custody order changed so that the child can remain in his or her current home. When considering these motions, a judge will examine numerous factors to determine whether a sole custody order is in place and whether the move aligns with or violates the best interest of your child.
Factors that a court will consider include:
- The effects of change to the child's environment
- The child's involvement in the current community
- How much time a child currently spends with each parent
- How long the current arrangement has existed
- The nature of the relationship between the child and each parent
- The relationship between the child's parents
- The age and maturity of the child
- If of a mature age, the child's own preferences
- The distance of the relocation
- The reason for the move
- The parents' ability to share in co-parenting
Ultimately, if it is determined that a move will place unnecessary and potentially harmful strain on the child's emotional well-being, relationship with the other parent, and/or significant life opportunities and events, the family law court will generally decide that the child remain. If, however, the court finds that no significant damage will be done if a move takes place, and that the child's bond with the moving parent is such that diminishing that bond would be harmful, the court will work to reconfigure an arrangement that allows the child to be relocated. Although move-away decisions should be gender neutral, and only concerned with court effectiveness and the child's interests, we know that the evidence put before the judge makes all the difference in how the basic issues are perceived and decided upon at court. Let us help you prove your case properly in this difficult and nuanced area of family law.
Discuss the circumstances of your relocation with our team in an initial consultation!
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Move-aways can be complicated and difficult to navigate. We have the experience you need to feel confident that you will reach either an agreeable resolution or a litigated outcome in the best interests of you and your child. At Gille Kaye Law Group, PC, we help our clients ensure that their contested move-away issue is handled with the child's long-term success in mind.
With decades of experience in move-aways, we will guide you through altering custody arrangements for relocation. We hold the needs of our clients and their children as our top priority and are dedicated to helping families reach solutions.
Take the first step and call Gille Kaye Law Group, PC today!