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While there are many reasons a parent may need to relocate, their relocation can significantly impact the custody rights of the other parent. If you have a child and plan on relocating or your co-parent intends to move away, the experienced Oakland family law attorneys at Moradi Saslaw can help.
At Moradi Saslaw, we understand the complex issues surrounding relocation and can guide you through the process regardless of the difficulties you may be facing. Our Oakland move-away and relocation attorneys are:
California’s relocation laws; and
Call or contact Moradi Saslaw online today to discuss your move-away or relocation matter. We can present you with your best available legal options and devise a strategy to suit your legal goals.
It is imperative you contact an experienced move-away and relocation attorney as soon as you know you or your co-parent intends to move. The process of child relocation and custody modification takes time for proper handling by the court.
At Moradi Saslaw, our skilled attorneys will do the following on your behalf:
Get the legal advice and information you need now by consulting the attorneys at Moradi Saslaw. Call our Oakland office to schedule your first appointment.
At Moradi Saslaw, we have the knowledge and experience to help with any relocation case, including:
In California, when a parent with sole custody of a child wishes to move, they may do so as long as the move is in good faith and does not prejudice the rights or welfare of the child. The non-moving parent may object to the move; the moving parent need not prove the move is necessary.
A non-custodial parent cannot prevent the custodial parent from moving because they have the constitutional right to travel freely. However, a non-custodial parent can try to prevent their child from moving. A non-custodial parent may object to a custodial parent’s move by filing for a custody modification. However, a custody modification requires a substantial change in circumstances that renders it “essential or expedient for the welfare of the children” that there be a custody change. The non-custodial parent must prove the proposed move would be detrimental to the child.
To show that the move would be detrimental, the parent would have to show one of the following:
When a parent with joint physical custody wants to move, the court must review the case as if it is a new custody matter. A custody decision is rendered based on the best interests of the child. This means that any custody and visitation rulings are made to foster and encourage the child’s happiness, security, mental health, and emotional development into young adulthood.
However, this standard only applies if the parents are actually practicing joint physical custody, which requires a near equal amount of time with the child. If the parent who wants to move away exercises the majority of custody, the case is treated like one involving a parent with sole custody and the parent not moving would have to show there was a substantial change in circumstances that makes it essential or expedient for the welfare of the child there a custody change occur.
The court typically considers the following factors when determining whether to modify a custody order when a parent is contemplating a move with the child:
If there is no custody order in place at the time of the proposed move, then a move-away request is decided in the best interests of the child.
The court considers many factors in move-away cases, including:
In move-away cases, the court is concerned with the child’s relationship with the other parent and want to protect this important relationship. California courts recognize the importance of both parents’ relationship with the child, regardless of gender. They weigh the moving parent’s constitutional right to move freely against the child’s to frequent and continuing contact with both of their parents, along with the custodial rights of the parent not moving away.
If you are planning to move to another state or are facing a co-parent’s relocation, Moradi Saslaw can help. Our experienced relocation attorneys can offer you honest and practical legal advice in dealing with a move and the guidance you need to make your best possible case before the court.
Contact us in Oakland to schedule a confidential consultation.