Few family law cases cause disagreement as does one where a parent wishes to relocate their child out of state. When one parent is leaving California then the matter is going to result with a parent either being left behind or the child remaining in the state while another moves away. The anger and frustration which this causes, on both sides, is understandable. Courts take move away requests very seriously and it is crucial that you adequately present your arguments to the Judge. Our Orange County lawyers assist California parents in cases where one wishes to move a child out of state. Call today to speak with an attorney. We service Anaheim, Santa Ana, and the rest of the area.
Orange County attorneys handling child move away cases where one parent wishes to relocate out of state
California is a state where the parents often share joint child custody. One parent moving outside of the state means that the prior custodial order will have to be modified. Common situations where move aways arise are when one parent needs to relocate for employment purposes, where one is being transferred due to military service, as well as other career related situations (there are also non-work related reasons why a Court will allow someone to move). Courts will only allow the requesting parent to take the child if it can be shown that the request is being made in good faith and that the move will be in the child’s best interest. The move will not be seen as being in good faith unless an adequate visitation schedule can be formulated, unless the requesting parent can show that the move is not simply an effort to frustrate visitation, and whether the request is being brought for legitimate reasons.
When determining whether the move will be in the child’s best interests the Court will consider factors such as the cause of conflict between the parents, the need to keep the child united with any siblings, the whether the new location will allow the child better educational opportunities, and the nature of the relationship with the child enjoys with each parent.
The first step in any relocation case is to file a Request for Order with the Court requesting permission for the move away. A hearing will be held and the Judge will issue a ruling stating whether the parent should be allowed to relocate, on a temporary basis, and a trial date will be set so that that the Court may determine whether a permanent relocation should be allowed. After the initial hearing each party may engage in a process known as “discovery” to build evidence for or against the relocation. This evidence will be presented to the Judge at the trial. It is crucial that you hire a lawyer who is familiar with this process.
Our Orange County child move away attorneys assist in cases where one parent wishes to move a young one away from California. We will use your initial consultation to assess whether the request for relocation will be seriously considered by the Court. We will then quickly file any necessary Motions or Oppositions. Once the initial hearing has been held we will then use the discovery process to begin accumulating relevant evidence. Such evidence may include pay stubs, documentation related to whether the new city presents better economic opportunity, records relating to the quality of different school systems, etc. We will aggressively present your case at trial and ensure that you know what to expect throughout the process. Contact us today.
Child move away lawyers providing quality service to those in Anaheim, Irvine, and elsewhere in Orange County
You are likely feeling fear and anxiety over the prospect of a move away case. The last thing you need at a time like this is counsel who does not return phone calls or keep you informed. Our attorneys pride themselves on providing quality service. They promptly return phone calls, quickly respond to emails, copy clients on correspondence, and make themselves available to answer questions. We understand that you are facing a serious situation. We will take it seriously.
Our lawyers service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.