It is common for California residents to move long distances, searching for new jobs. When the distance is great, you might find it challenging to provide for the daily basis of their families. Moving can be stressful, but the situation can worsen when you enjoy custodial rights under California laws. Child visitation and custody are significant problems in family court divorce proceedings.
Warring couples usually discredit and fight the other for the family court judge to favor them when determining child custody plans. The law requires the child to access both parents after divorce. You must understand the child relocation laws in California if you wish to move to different places after divorce. First, you want to consult your child custody attorney.
Non-Custodial Relocation
In California, non-custodial parents may relocate anytime they want to. However, the law does not allow them to move with the kids for any reason. In addition, other arrangements may deny the alleged parent from taking the children across the state lines.
The parent is denied permission to move with the child, especially when the court finds them with supervised visitation, a record of custodial interference, and child abuse. In this case, the parent must travel back to California to visit the child. Also, the law allows the parent to modify their visitation schedule to make a suitable child visitation agreement with the judge's permission.
Sole Custody Relocation
California law does not prohibit a sole custodian from moving with their child. However, every case is unique. There might be custody orders and parenting plans prohibiting or limiting the relocation. Parents must comply with the provision of custody.
When there is no clear agreement about the relocation, the parent must file a petition with the court, especially when the relocation is objected to the parent facing visitation rights. If it is unlikely for the parent to alter with the child, the criminal court judge has the discretion to uphold the filed petition. But the court might place an order to protect the other partner's rights.
Joint Custody Relocation
Both parents may relocate but must file a petition if they have to move with the child. The joint custody should be preserved. In many cases, the court issues new arrangements and parenting plans to allow the movement while protecting the rights of the non-relocating parent. For example, one parent may spend the school year with the child while the other may spend the summer with the child.
Obtaining Move-Away Order
In California, a move-away order arises when one parent wants to move to a different place because of marriage or a new job. When the parent wants to proceed with the child, the law requires the parent to inform the other spouse. When the other parent denies the request, the relocating parent may seek a move-away order. The order is a request made by a parent when they seek to move across state lines, the city, or the country with their child.
According to the California family code 7501, the primary custodial spouse is allowed by the law to relocate or move with the child. But visitation plans might be altered when one parent in joint custody relocates. That's why the parents must do the relocation with a family court order. A relocation petition outlines why the parents want to change location. The court allows the parent without custody to dispute the case at the family court.
Interpreting California family code 7501 might be a challenging process. The court considers several factors when deciding whether to grant the petition. For example, the court requires the parents to provide evidence of how their relocation is essential, practical, imperative, or necessary. Other courts grant the petition because the primary custodial parents have the legal right to move whenever they wish. Further complexities arise when the parents have shared or joint custody. The court considers the interests of the child to determine the case.
The courts in California strive to ensure the child enjoys the company of the two parents. California family code 3020 (b) insists that the child must have continuing and frequent contact with both parents in the event of divorce. Due to the case's complexity, you must work closely with your child custody lawyer.
How the Non-Custodial Parent Proves the Case
The parent seeking to relocate files the petition, but the law does not necessarily require them to prove the relocation is imperative or in the minor's best interest. The non-custodial parent must convince the family court that the movement could adversely affect the child's rights.
In many cases, the non-custodial parent claims the relocation would only affect their relationship with the child. If the non-relocating parent agrees to changes in the custody agreement, they must prove the child's best interests are served. The court also considers other factors like relocation distance, the child's social skills, and emotional relationships.
When both parents sign an agreement requiring the custodial partner to request permission from the other in case of relocation, the parent seeking to relocate must prove the decision was reasonably agreed upon. Also, the other parent must prove the move will not adversely affect the child.
Relocation might also be used as a basis to modify existing custodial orders. Since the custodial parent can lawfully move with the child, an existing order may prohibit them from relocating. The non-custodial partner may prove the movement is not in the child's best interest and that the family court needs to reevaluate the orders.
When the non-moving parent proves the relocation, the court can change the current arrangements to determine whether they could be in the child's best interest. Before the family court modifies the child custody order, the judge considers the following factors:
- The distance or relocation.
- The child's age.
- The reasons behind the relocation.
- The best wishes of the child if aged below 12 years.
- The child's relationship with the two parents.
- The parent's extent of sharing the child custody.
- The parent's ability to communicate and cooperate effectively.
- The child's interest in the current custodial agreement.
International Move Orders
International relocation orders are more challenging to handle. However, the orders have been treated like domestic cases in recent years. In this case, the court considers that the moving parent is going to a location with a new culture. Since handling a child custody case involving international move orders is challenging, you want to work with your child custody attorney throughout the legal process.
When Relocation can Be Impossible
Relocation happens after divorce when one partner wants to start life with another spouse or elsewhere. A spouse might decide to go away with the children to punish the other partner. Other instances make the relocations impractical. For example, moving to a different country means uprooting your children from social circles and schools.
The court considers the child's best interests to avoid disrupting their lives. Before relocating, the parent with custodial rights must prove that the child will face more benefits. Alternatively, the other parent must prove the relocation will attract negative effects on the child. When you find yourself in a similar situation, you want to seek legal help from a well-competent child custody attorney.
It would be challenging for the non-custodial parent to oppose the move if the parent has abandoned their duties, like forgetting the child's visitation plan. The moving parent needs only to present evidence to argue the other parent has abandoned their duties. However, the law in California does not prohibit the family court from viewing absenteeism in the following situations:
- When the absence period was limited like a week.
- The absent spouse has an interest in retaining visitation or custody.
- The absent partner makes an effort to be in touch with the child.
The Possible Upsides of Move/Relocation
One partner can move outside the state after divorcing. Holding the other partner in the state could be next to impossible. The moving partner could have secured a new job to benefit the children. California family section 3400-3465 outlines that the family court can inflict visitation and custody degrees outside California.
The statutes also allow the court to modify the visitation and custody orders in other countries or states. Visiting plans can proceed as scheduled if the relocation is within the state. Moving with the child could even improve their living levels.
The moving parent could buy a huge home rather than live in an apartment. Also, the relocation could bring the child closer to their extended family, enabling them to interact freely over the weekends and holidays. You might also relocate because of good faith reasons like the advancement of education to boost your earning capacity.
Preparing Your Child's Custody Before You Relocate
You might be arrested for failing to disclose your plans to move during or before the divorce. So, when you believe your movement is imminent, you want to share the details during the divorce process. A non-working parent joins the labor force to provide for their family, especially when child custody support is inadequate.
The parents can have accumulated a lot of debts during the marriage period. So, they can be forced to offload specific properties or items to pay the creditors. In the end, the financial status is heavily affected, and supporting the two families becomes a headache.
Therefore if you wish to relocate after divorce, ensure you let the family court know early enough. Failure to disclose the details early would be considered bad faith. Note this could, in the end, impact your relocation plans.
Ensure you investigate and examine the new place to know whether it suits the child's survival. For example, are there better schools near your new house? Consider every factor that might affect your child's raising so you can answer any question from the non-moving spouse.
How a Divorce Attorney Can Help You Understand Child Relocation Laws
More than preparing to inform the family court is required for the court to approve your request. You want to work with a skilled divorce lawyer experienced in dealing with child custody in unique situations like child relocation. The attorney you hire will determine the outcomes of your case. An experienced and aggressive attorney is highly recommended.
The attorney will evaluate your case to understand the child's relationship with both parents. The attorney will also consider the child's well-being and safety. When your spouse proposes the relocation, the attorney can assist you in obtaining a modification in the following areas:
- Support orders.
- Visitation schedules.
- Child custody plans.
The attorney will help file a petition with the family court to revise the child custody plans. If you are planning to move many miles, the attorney can claim the children will be better staying with you as their primary caretaker. You would also require to draft new visitation plans to enable the other parent to visit the children.
Factors the Court Considers when Determining Custody
The court considers several factors when deciding custody arrangements and child support. Knowing the elements will give you an advantage when fighting for full or shared custody. Here are the factors the court will look at when determining child custody:
Child Best Interest
The court prioritizes the needs of children as they are mostly affected by divorce. The court does so to ensure children's lives are not further disrupted. Therefore, the parent to live with is granted custody. However, children can not make the best judge as they will choose the lenient parent or parents who spoil them. The court will consider a kid's age before deciding how heavily to weigh their wishes.
Domestic Violence Record
The court will not grant child custody to aggressors. If you or your partner had verbally, emotionally, or physically abused the kid at the marriage, the judge could not release the child to you. The judge will grant supervised and restricted visitation to the child with third-party supervision in place.
Evidence of Drug Abuse
One of the Parents may have bad habits like using controlled substances inside or outside the home. The parent is deemed unfit to raise children. If you are a victim of substance abuse, you want to enter a rehabilitation program. After completing the program, you boost your chances of receiving ample visitation to your child.
Parents' Mental Stability
A criminal record and abuse are hindering factors when determining child custody. Conditions like anger issues, alcohol dependence, drugs, mental health, and bipolar disorder may limit a parent from obtaining child custody. Especially if one parent has a history of involvement in anger issues, the parent may not receive any custody. Again, if one parent is mentally disabled, the court may award custody to the other parent instead.
Impact on Education
Going to live outside the current schooling district means you have to switch schools. Changing schools could easily interfere with your child's education. If you prove that relocating will not affect your child's education, the court may favor you. Again, if you can demonstrate that relocating will elevate your child's knowledge, the court may favor you.
Reason For the Move
The court may give the parent-child custody when a parent moves for economic opportunities. The relocation is essential for the betterment of the kids' upbringing. However, the court cannot issue child custody when the parent moves to a different city to live with a potential partner. Living with a partner is not a justifiable reason for disrupting a kid's life.
Relationship Between Parent and Child
The court looks at the critical relationship between each child and their parents. If one parent has been absent, they have rewarded visitation and must pay child support. The court will issue child custody to the parent with whom the child has developed a strong relationship. When Determining how strong the relationship is between a parent and a child, the court will primarily use a professional social worker. Therefore the court will make the best custody choices for the child possible.
Ability to Provide for the Child
Providing for the child means the parent can provide a clean and safe home. The parent should also understand the child's needs and meet them. The needs include ensuring the child goes to school, develops good habits, bathes, etc. Providing for the child involves fostering a parental relationship with the other parent.
The court will also consider the living accommodations of the parent. For example, if you have a room for the children, if the neighborhood is safe clean, and we'll manage. Again the court will look at the residence and how close it is to other family members, school, and other places.
Contact a San Diego Family Law Lawyer Near Me
Relocation in a child custody case might be a complex legal process. The cases are, in many cases, hotly contested matters in family laws. California move/relocation cases might be frustrating and confusing as they apply the case to a case basis. That's why you want to seek legal help from a skilled and experienced child custody attorney.
At San Diego Family Law Attorney, our attorneys have excellent experience in helping parents succeed in arriving at the best outcome. Regardless of the parent proposing the relocation, you want the children to have good living standards. We are here for you if you seek legal services in San Diego, CA. Contact us today at 619-610-7425 and speak with our competent child custody attorneys.
