Can You Move With Your Child When You Have A Custody Agreement In Place?
After a divorce, one parent may want to move with his or her children to be closer to family, for a job or to be with a new partner. In California, any move that involves the relocation of children by a custodial parent must be approved by the courts if it will in any way impact the current custody situation.
As an adult, you have the right to move wherever you want to, but family law courts have the right to prevent your child from moving. Our attorneys understand complex child relocation situations. We know how they will affect you and your children and can help resolve them in your favor.
At The Koblin Family Law Center, we have helped parents on both sides of this issue find solutions to continue those relationships, whether it involves a child custody modification both parents can agree on or results in litigation. Because every case is unique, we strive to find the best solution for your circumstances.
Proving The Move Is In The Best Interests Of The Child
California family law courts make all decisions based on how they will affect the children. The burden of proof is usually on the parent who wants to move with the children to show the children will thrive in the new environment and the move will not affect their relationship with the parent who remains behind.
For custodial parents requesting a move, our lawyers can help you show this proof and argue for a change in your parenting plan that will allow your children to maintain their relationship with the noncustodial parent. Whether we do this through direct negotiation or through litigation may depend on your relationship with your former spouse or co-parent.
For noncustodial parents concerned about losing time with their children, we can help you establish a new custody agreement that gives you the time you want with your children, but allows for the distance between you. If you want to prevent the relocation of your children, we can file a motion for a change in child custody.
We will attend all hearings and mediations with you and aggressively protect your parental rights. We know how much your relationship with your children means to you and we want to help you keep it strong.