What You Need to Know About Move-Away/Relocation Requests: Custody Matters and Here’s Why
Relocating is sometimes necessary for a new job or other life changes. When it comes to moving with your child, custody and court issues may arise. How you proceed can have long-term ramifications for you and especially for your children. A California family law attorney familiar with move-away cases can help you navigate the complex process of changing addresses with your children.
Types of Custody
The type of custody awarded to you by the court is a significant factor in determining how to proceed. The following types of custody each have specific requirements when it comes to relocation requests:
Sole physical custody: A parent with permanent, sole custody can generally relocate unless the other parent can demonstrate how the move would adversely affect the child. Also referred to as primary physical custody, the key concern is whether your custody order is indeed permanent or temporary. A lawyer can help you determine the status of your custody order and how it applies to your relocation plans.
Joint physical custody: A parent who shares custody with another parent may face a challenge if the other parent opposes the move. The parent seeking to relocate must demonstrate to the court how the move is in the best interests of the child or children. The conflict that can result between parents can cause tension and stress for everyone — especially the children.
Protecting your custody/visitation rights is crucial as parenting plans change and relocation requests develop. At the Pedrick Law Group, our experience working with families and move-away requests provides us with the skills necessary to assist you. While each child custody issue is unique, we will work hard to secure the best possible outcome of your family law case.
Why Where You Relocate To Matters
Moving to a nearby city is quite different from relocating to another state or country. Relocating to another state, for example, is an issue governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The act sets the standards for whether a state may make a custody decision and when they must accept an existing decision. Several factors that can impact the outcome of relocating to a new state include:
- A child’s or children’s connection to a state: relationships with extended family, established doctors, and school
- Home state: where the child or children resided for the last six months or state where parent removed them from
- Abandonment or neglect: parent abandons the child or children in the home state or is in danger of neglect or abuse in a new state
The complexity of state relocation custody issues can overwhelm you. Moving in itself is stressful, and overlooking one court detail can cost you time, money, and possibly, custody of your children.
A family law attorney from the Pedrick Law Group can protect your best interests. Ensuring that you follow state laws and the terms of your custody agreement or order is imperative for both you and your children’s future.
Custody issues become even more complex when they involve relocating to another country. If you decide to relocate, contact us for a free case evaluation today. A proactive approach to your move and custody issues is a smart way of protecting your family from separation and heartbreak.
Start With a Free Case Evaluation
The Pedrick Law Group takes great pride in our commitment to helping families secure positive outcomes. Relocating is a serious decision that requires careful thought. Whether the move is due to a new job, to live closer to extended family, or for a new marriage, the decision affects all family members.
Family law is challenging, and no one custody case is alike. Emotions sometimes prevent parents from working together for the best interest of the child or children. Our team understands how to apply state law to your unique situation. We keep you informed and stand by you every step of the way.
A free case evaluation is a helpful first step in your relocation journey. Learning more about how to best approach your relocation and custody issue is where we can help you. You are not alone with a member of our family law team on your side.
The Pedrick Law Group: Your California Move-Away Attorney
There are additional issues that can develop as you plan to move-away with your child. A parenting agreement and the specific details of your custody order can play a vital role in your case.
At the Pedrick Law Group, we will carefully review your custody order and other important information. We can easily recognize red flags that may arise as we identify the best strategy for you.
Relocation cases involving child custody are not uncommon. They are cases, however, that the courts take very seriously. At the core of each case is the well-being of the child or children involved.
Handling your case alone is risky. California’s custody laws are tough to understand without a law background and court experience. If you plan to relocate with your child — either within the state, out of state, or to another country — we want to help you.
Family law is our primary focus, and we search hard for the best solution for your case. We aggressively fight for our clients and provide them with individual attention. Our small firm boasts more than 50 years of combined experience.
Let us put that experience to work for you. The Pedrick Law Group has offices in Orange County and Encino. To learn more about how we can help you with your California move-away case, call the Orange County office at (949) 313-2704 or the Encino office at (818) 226-9051. You can easily contact either office by completing an online form today.
A child custody order is a legal document, and violating the terms can greatly impact your children’s lives. Get the help you need by reaching out to our family law group without delay.