In some two-home families, one parent with sole or joint custody needs or wants to relocate farther than is feasible for the current order for visitation and custody. When a parent moves with their child to a new home that is far away, they need to request permission to do so from the court. A move-away attorney can be beneficial when asking Orange County family court for a relocation order.
CA Bar-Certified Law Offices of Hollie A. Lemkin, APC, with a focus on family law, have been successfully providing family law services to Orange County for more than 20 years. Our legal team honors children and families but, at the same time, approaches each case with tough, firm composure. This third-generation family law firm is vested in standing up for Orange County families, especially in a move-away case.
The Law Offices of Hollie A. Lemkin, APC, can provide the compassionate legal counsel you need when facing any type of family court case. Whether you are filing for divorce in Orange County, preparing for adoption, or bracing for a difficult child custody dispute, we have the resources and experience necessary to guide you toward a favorable outcome of your case.
Orange County family courts are more likely to grant a request for a parent to move away with a child when the moving parent has sole physical custody of the child. That’s not to say, however, that they won’t grant parents’ requests to move who have joint custody. The judge will consider allowing a parent to move away with a child if they are convinced the child will not be harmed by moving away. Therefore, if a parent is contesting the move, they can attempt to show the judge that the move would somehow harm the child.
Furthermore, a judge won’t just grant a parent permission to move for no good reason. The parent requesting to move must show that moving away from the other parent is a beneficial situation for the child. Consequently, an opposing parent could argue that a move was not in the child’s interest.
Other important factors that will influence a judge’s ruling on whether to allow a parent to move away with a child are explained below.
Ultimately, each case is unique, and an experienced family law attorney can be an invaluable resource for advice regarding your circumstances and case.
If you want to move away with your child, but your child’s other parent is resisting your choice, you will probably need to enlist the help of a relocation lawyer. An attorney can be beneficial in negotiating a situation that you both can agree on. If you are the parent resisting your child’s other parent’s decision to move away with your child, you have rights, too. One place to start is by reading over your custody orders and seeing if there is any mention of conditions under which one parent may or may not move away with the child.
If you plan on resolving your issues in court over a change to an existing judgment or order, don’t make plans to move until you’ve resolved any custody disputes. These cases take time, especially if the docket is backed up. You may have to wait for a hearing date, so file your request as soon as possible and before you make plans to move.
In the meantime, have a visitation schedule ready for a long-distance child custody arrangement for the judge to review, as well as a plan in place to pay for the travel expenses of visitation, especially if the move is out of state. Again, hiring a family law attorney who is experienced with cases in which a custodial parent wants to move with their child can be beneficial. There is oftentimes great potential for a compromise when both parents are presented with a neutral third-party perspective.
State law says that a primary parent with physical custody of a child may change the residence of the child, but not without consent from the child’s other parent or a court order modification from family court. California Supreme Court gives family court judges the discretion to deny relocation requests if they believe it would not be advantageous to the child’s welfare. California Family Code, coupled with precedent cases, makes it hard to move away with a child in Orange County.
It is imperative that you seek legal counsel from an attorney who is familiar with the courts in your area because every judge has a unique approach to deciding in these cases. The bottom line is that the courts are commissioned with the duty to ensure a child has continual and frequent contact with both parents. Thus, the way one parent frames their position in front of the judge is very important in exhibiting the perspective that granting a move-away request is in the interest of the child.
To win a move-away case in California, discuss the plan with the other parent first and make a strategy to approach the move-away process from a perspective that considers the optimal situation for your child because that’s all it’s about to the judge. Know the law, understand your case is unique, and be prepared to make the sacrifices necessary to make the court see how your move will benefit the child.
Yes, a custodial parent may move out of state with their child, but only with permission from the other parent or a court order. Court approval is required for a parent to move either within the state or outside of the state if it interferes with a standing court order for custody and/or visitation schedule. The court can decide to change the custody arrangement of the child altogether, making the non-custodial parent who is not moving the custodial parent if it benefits the child.
If you have shared custody with your child’s other parent in California, you can usually move up to 50 miles away as long as you have the blessing of the other parent. However, the relocation must not interfere with the child’s relationship with their other parent, the visitation schedule, or existing custodial orders.
To file a request for a move-away, the appropriate paperwork must be filed with family court. You must then wait for a hearing date to see a judge about your face. It isn’t up to the parent to provide a burden of proof of their case, whatever that may be. The ideal way to either request or refute a move-away request is to hire a family law lawyer who focuses on this type of case.
If you plan to move farther than 50 miles away with your child, you must get permission from the courts. If your child’s other parent wants to move away with your child and you don’t agree it is in your child’s interest, you must prove that to the court. In either case, you need an Orange County move-away attorney who is well-versed in California family law and knows how to approach these types of cases. Call Law Offices of Hollie A. Lemkin, APC, today to discuss your case, as we can provide you with the legal advice and services you need to ensure your child’s interest is upheld and your parental rights are protected.
Hollie Lemkin is the daughter, granddaughter, sister, and aunt to lawyers. She knows that Family Law is about more than winning. It is about inflicting the least amount of collateral damage on your children and putting your family in the most advisable possible position moving forward. A passionate trial lawyer, she will never back down from a fight.
She is exactly the attorney you want in your corner.