Are you looking to modify a child custody agreement in Pasadena, CA? The Graves Law Firm can help. Custody orders may be modified when there has been a substantial change in circumstances affecting the child or either parent. Contact our law firm at (626) 365-1037 to discuss your case with a Pasadena move away/custody relocation lawyer.
Custody relocations can be particularly complex, especially when one parent wants to move out of state with the child. Whether you are seeking to relocate or opposing a proposed move, our skilled family law attorney can guide you through the legal process and protect your rights.
How The Graves Law Firm Can Help You With a Custody Relocation Case in Pasadena, CA
Generally, a custodial parent can move with a child if they notify the other parent and the relocation does not interfere with the current parenting agreement and time-sharing schedule. However, if the parents disagree, the court will need to decide.
Custody relocation and move away cases can be challenging. You need an experienced lawyer to protect your and your child’s best interests.
When you hire our top-rated Pasadena child custody lawyers, you can trust that we will:
- Listen to your position about child relocation to learn more about you and your children
- Explain the California child custody laws and how those laws impact your situation
- Gather evidence supporting your argument for or against a move away request
- Use effective strategies for negotiating an agreement that works best for the entire family
- Aggressively advocate for your parental rights and your child’s best interests
- Develop a compelling argument to present to the court when necessary
Attorney Demetria Graves is a Board Certified Family Law Specialist. She is a published author and has been recognized as a Super Lawyer and Woman of the Year. Use her substantial experience, skills, and knowledge of family law to your benefit to ensure a fair outcome.
Call The Graves Law Firm today to schedule a confidential consultation with a California move away lawyer.
Why Would a Parent Want to File a Custody Relocation Request in California?
Many parents assume that a final custody order cannot be changed. However, circumstances and life events may require you to modify your custody arrangements. The law recognizes that a custody order may not be suitable for the rest of the child’s minor years. Therefore, you can petition the court to modify the order.
Reasons parents may want to move away with their children include, but are not limited to:
- They are getting remarried and moving with their new spouse
- A parent needs to relocate for a new job or career
- Moving will significantly improve the family’s quality of life
- A parent needs to be closer to their parents, siblings, or other family members
- A child’s special needs require a parent to move closer to healthcare facilities and other services
- Moving provides a child with better educational and other opportunities
The distance of the move is usually the most significant factor in a child relocation case. The further away the custodial parent moves, the more difficult it is for all parties to arrange visitation. The parent who is not moving may have justifiable concerns about whether the move will be in a child’s best interest.
How Does a Child Custody Arrangement Impact a Move Away Case?
Under California Family Code §7501, a custodial parent has the right to change the child’s residence. However, the court has the power to prevent the relocation if it is not in the best interests or welfare of the child.
What does this mean for a parent wishing to relocate with their child in California? It means that the current custody arrangement impacts a parent’s rights in a child relocation case, as discussed below.
There Is No Court Order for Custody
If a court has not yet issued a custody order, the judge will decide whether to grant a move away request based on the child’s best interests. The judge will consider various factors as part of determining the overall best custody arrangement for the child.
The Parent Relocating Has Sole Physical Custody of the Child
Physical custody is the right to decide where a child lives. If a parent has sole physical custody, they may be able to relocate with their child without proving it is necessary to move. An exception would be a parent moving for bad faith reasons.
A non-custodial parent may object to the child being relocated and request a modification of the current child custody order. However, the parent must prove to the court that the change in circumstances justifies a modification of custody. Then, the parent must prove that moving away would be a detriment to the children.
A detriment to the child may occur if the move disrupts the child’s need for stability and continuity. Impairing the child’s relationship with the non-custodial parent may also be considered a detriment to the child.
The Parents Have Joint Custody of the Child
When parents share joint custody, they are in an equal position. Both parents present evidence to the court supporting their position regarding the proposed child relocation. The court decides whether to grant the petitioner’s request to move away with the child based on what is in the child’s best interests.
Judges Consider Numerous Factors in a Move Away Case
Judges consider numerous factors when the court must determine what is in a child’s best interest for relocation.
When parents disagree about a move, the court considers factors such as:
- The impact the move will have on the relationship between the child and the parent who is not moving
- A child’s connections with their family, friends, community, and school
- The moving parent’s motives for moving, including the reason the parent is moving
- The child’s age
- The child’s relationship with each parent
- The distance of the proposed move from the child’s current home
- The impact the move will have on the child’s educational opportunities, lifestyle, and quality of life
- The reasonable preferences of the child regarding the relocation
- The ability of the non-moving parent to continue a close relationship with their child after the move
- The presence of extended family and support for the moving parent
- The proximity and availability of specialized services, education, healthcare, or other services required for the child’s care, if applicable
- Any harm the proposed move will cause the child
The decision in a custody relocation case is based on the unique circumstances involved in the case. Each case is different. Therefore, judges must decide each case based on the factors involved.
How Can a Parent Improve Their Chances of Winning a Move Away or Custody Relocation Case?
When considering a move away request, your child’s best interests and welfare are the primary concern. If the other parent challenges your move, you can improve your chances of winning your case by demonstrating the move will not harm your child or their relationship with their other parent.
Things you can do include:
- Address your ex’s concerns by proposing practical solutions to the challenges of living further away from their child
- Present evidence demonstrating the positive aspects of the move for your child
- Propose modifications to the co-parenting plan that show how your child and their other parent can remain close, such as being willing to pay a greater share of the expenses for visitation or being flexible in making arrangements for visitation
- Develop a plan that allows your ex to remain involved in your child’s daily life and the decisions regarding their education, medical care, and other activities
If your child’s other parent has not been involved in your child’s life and has not exercised their custody rights, present evidence proving the lack of parental responsibilities. Moving away with your child will not impact a relationship they do not currently share with their other parent.
Learn More About Move Away and Child Relocation Cases in California
You need an attorney with substantial knowledge of and experience handling California child custody matters. Regardless of whether you are asking to move with your child or object to your child moving away, you need to prove your position to the court to win your case.
At The Graves Law Firm, we will work with you to obtain the best possible resolution to your case. Call our office today to speak with a Pasadena custody relocation attorney.
Visit Our Family Law Office in Pasadena, CA
The Graves Law Firm
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
