Valencia Relocation Attorneys

Seeking Relocation After Divorce

Moving out of the city, state, or country when sharing custody of a minor child will require either an agreement, signed by the other parent, or a court order allowing the move of the child.

Note that if the parent requesting the move has sole or primary custody of the child, the burden of proof will lie with the non-custodial parent to show that:

• The child’s move would cause detriment to the child, and
• The parent requesting the move has a bad faith basis for moving.

In the event the non-custodial parent prevails in their argument, the court must then determine whether a change in custody is in the child’s best interest.

The court will take the follow factors into consideration when making this decision:

• The reasoning for the move by the parent requesting it,
• The distance of the requested move,
• The age of the child,
• The child’s relationship with each parent,
• The current custody/visitation arrangement and how it impacts the stability and continuity of the child, and
• The current percentage of time the child spends with each parent.

If the parents share custody, the court will look to “the best interests of the child.” The public policy in the State of California is that all children should have “frequent and continuing contact with each parent.” That being said, this public policy has not been interpreted to prevent a parent moving away or even require them to prove the move is necessary.

If an agreement or prior court order requires the parties to get the other parents consent to be able to move with the child, then the parent requesting the move must show that the request to move away has been made in good faith.

Are you experiencing relocation difficulties in California? We can help.

There are many different standards, burdens of proof, and detailed analysis when requesting or opposing a move away order. It’s imperative that you have counsel that is experienced and will
prepare your case, providing the best opportunity to prevail.

At Barnholtz & Kugler we have many years of experience in helping parents achieve the best results for their family. Contact our Valencia divorce firm today for assistance from an attorney who can provide you with a legal solution to your specific case.