Parents in California and throughout the world see their children as their number one priority. This is why, for most parents, not receiving custody of their child after a divorce is heartbreaking. That said, if you do have custody of your child and you are looking to move away with your child, you may not be able to do so as easily as you think. Please continue reading and reach out to our experienced Los Angeles relocation attorneys to learn more about move-away cases in California and how we can help you and your child. Here are some of the questions you may have regarding your options and the legal process that lies ahead:
Can I move away with my child if I have sole custody?
If you are looking to relocate with your child and you have sole custody, meaning the other parent does not have physical or legal custody of your child, you should be able to move away without issue. However, if your ex has partial physical custody or legal custody of your child, you will need his or her permission to move away with your child. If your ex refuses to allow the move, you will then have to hire an attorney who can take your case to court and fight for the court’s permission to move away.
How do California courts handle move-away cases?
If you are looking to move away without your spouse’s permission, the courts will have to grant you permission to do so. However, the bar is high; you can’t simply say you want to move away. You will have to prove that moving away with your child will be in your child’s best interests. Some of the factors the courts will consider when determining this are as follows:
- Why you are looking to move away
- Why your ex opposes the move
- Whether you are moving to benefit your child economically, such as by getting a higher-paying job
- Whether you are looking to move to bring your child closer to extended family
- Whether the move would take your child away from friends or other healthy relationship
- Whether the move is out of fear of your child’s safety
- Whether you are moving to get your child into a better school district
Ultimately, if we can prove the move is in your child’s best interests, it should be granted. If you would like to move away with your child, or you believe your former spouse shouldn’t be allowed to relocate with your child, please do not hesitate to speak with an experienced Los Angeles family law attorney today.
Contact our experienced Los Angeles firm
Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.