Los Angeles Parental Relocation Attorney
Parental relocation is often the reason given to modify a child custody order. Read on to learn more from a parental relocation attorney from our firm.
Whether for employment purposes or simply the desire to make a new start, one parent may want to move a significant distance from the other parent, even out of state. A significant move like this would likely require a change in how custody is shared, including visitation and parenting time, holidays and vacations, etc. Another common reason for seeking modification of custody orders occurs when a young child starts school for the first time. A previous arrangement such as alternating parents and households every week may no longer be practical.
Sometimes parents can regroup and collaborate on a change to the custody and visitation schedule to accommodate the new situation; other times more formal legal intervention is necessary. Whatever the reason for the change or how it needs to be handled, the family law attorneys at Blasser Law can provide you with the right level of advice, assistance, and representation whenever you are seeking, opposing or dealing with a change to child custody. Learn more about child custody modifications below, and contact our lawyers in Claremont for help with child custody modification in Los Angeles and the San Gabriel Valley.
Modification of Child Custody in California
When a court first issues custody orders in a California divorce, the order may be final, or the court may issue temporary orders and retain jurisdiction of the case, anticipating that future modifications may be necessary. Whether the orders were temporary or final, however, it is still necessary to return to court and follow the proper procedure in order to get a custody modification.
In any proposed modification of child custody, the court must be convinced the modification is in the child’s best interests. This issue should be the central focus of both parents when arguing whether a proposed modification should or should not be granted. Our devoted family law attorneys at Blasser Law will work your co-parent and their attorney to achieve a modification that works for everyone involved. If the case must be litigated, we’ll be staunch advocates for you and your children in the courtroom.
A custodial parent wishing to move with the child for longer than a 30-day period must first provide written notice to the other parent 45 days in advance of the proposed move. This notice is intended to give the co-parent time to object to the move or allow the parents time to work out a new arrangement for custody and visitation.
If the non-moving parent does object to the move, a parent can file a petition in court, and the judge will hold a hearing on the matter. At this hearing, the moving parent does not have to prove that the move would be in the child’s best interest. Rather, the burden is on the non-moving parent to prove that the move would not be in the child’s best interest. In other words, California law favors a parental relocation absent evidence to the contrary. In fact, section 7501 of the California Family Code clearly states:
A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.
When deciding whether a move would be in the best interest of the child, the court typically looks at a number of different factors, including:
- The child’s need for stability regarding the current arrangement
- The distance of the move-away
- The reason for the move
- The age of the child
- The wishes of the child, depending on the child’s maturity level
- Each parent’s relationship with the child
- Whether the parents will be able to facilitate an ongoing relationship between the child and the non-moving parent
The court makes its decision based on the information provided by the parents regarding these factors. At Blasser Law, our parental relocation lawyers work with you to build a strong legal case that supports your interests and your child’s needs, and we are strong, effective advocates for your position at the negotiating table and in court.
Our Claremont Lawyers are Here to Help with Modifications
For help with a proposed parental relocation or child custody modification in Los Angeles, contact the Claremont offices of Blasser Law at 877-927-2181 for a no-cost, confidential consultation regarding your needs.