Frequently, parents want to relocate with their child to give them a better life - but it's not always easy. Knowing what barriers may lay between you and a successful relocation can help you seek the best outcome for your child.
To schedule a consultation with one of our attorneys, contact us online or via phone at (626) 340-0955.
Do I Need to Notify the Other Parent?
Yes. Under California child relocation laws, you must provide your co-parent with a notice stating your intent to move away at least 45 days in advance of the planned move. This enables the other parent to file an objection with the county court if they feel the move is unjustified.
What If My Co-Parent Agrees with the Move?
As is the case in most family law cases, you can resolve your relocation dispute fairly easily if both parties decide relocation is in their child's best interests.
You and your co-parent can draft a relocation agreement stating that both parties consent to the relocation. This may also involve establishing new conditions for custody-related matters, such as when each parent houses the child.
If a court approves your agreement, you may relocate with your child.
What If My Co-Parent Doesn't Agree?
If your co-parent disagrees that relocation is necessary and decides to oppose the relocation request, you will need to attend a relocation hearing with them.
At the relocation hearing, a judge will hear from both parties concerning why they believe relocation is necessary. The court will consider the following factors:
- The child's relationship with each parent;
- The distance of the proposed move;
- The child's current emotional and physical health, and how relocation could positively or negatively affect them;
- Whether relocation would negatively impact the child's relationship with the parent opposing the move;
- Whether the child may receive increased opportunities by relocating (in other words, whether relocation is in the child's best interests);
- Whether the child has any connections, such as friends or family, in the relocation location;
- Whether the relocating parent would be able to better care for the child by relocating (such as by obtaining better employment);
- Any other factors the court considers relevant to the case.
Due to the number of factors considered in relocation cases, having an attorney who understands California relocation laws by your side throughout the process is vital if you want to obtain the best possible outcome.
To schedule a consultation with our attorneys, contact us online or via phone at (626) 340-0955.