Every parent’s worst nightmare is losing their close, loving relationship with their child. It is especially hard to lose your relationship with your child after a divorce because your ex-spouse wants to move away. If you find yourself in such a situation, you need to hire a Central Valley child custody attorney who understands your concerns and will work hard to protect your parental rights.
Relocation Requests in California Courts
California laws do not allow parents to simply move a child out of town or out of state. If there is a child custody order in force, either parent must first notify the other parent of their intentions to leave and bring a request to modify the child custody and visitation with the court. The non-custodial parent then has a right to contest the request of the custodial parent to move away with their children.
California family courts make a big deal of protecting the parent-child relationship. The parent intending to move must provide the court with the circumstances of the move and whether it is in the child’s best interest. The court is generally more willing to grant a move in the following situations:
- One parent has a new job offer with higher pay
- One parent gets remarried
- There are other financial or family changes that make the move necessary
What Happens When the Court Grants a Move?
If one parent is able to convince the court to allow moving and modifying a child custody order, the custodial and non-custodial parents will need to arrive at a new parenting plan agreement that takes into account how the child will travel back to the other parent and who will pay the travel costs. The court may grant the non-custodial parent with more visitation by increasing summer vacation or holiday time to account for the missed time throughout the school year.
A change in child custody may also trigger a modification of child support.
Call an Experienced Central Valley Family Law Attorney
For more information or to schedule a complimentary consultation with Central Valley family law attorney Gurjit Srai, please call (209) 323-5558 or (559) 449-1447, or complete our online form.