Addressing the Impact of Relocation on Children
People move for many reasons, including new jobs, financial circumstances, and lifestyle changes. Anyone who has a child and is considering moving will have to think about the impact of the move on the child. This is especially the case, from a legal point of view, when the child has another parent with custody or visitation rights.
In California, parental relocation (also known as move-away) cases are covered by the child custody laws. No two cases are the same, and the courts take a variety of approaches to relocation.
At Law Office of Melissa D. Cianci, in Roseville, we are experienced at working with clients to pursue their relocation goals, or fight to keep your child in your custody if the other parent is relocating. Contact us to schedule a consultation with one of our knowledgeable family law attorneys.
Helping Custodial Parents Pursue Their Relocation Goals
California family courts cannot prevent a parent from moving. They can, however, prevent a child from moving when that child is covered by a parenting plan or other child custody order. If you have custody of a child under such an order and you are considering relocation, you should always consult an attorney about your options.
If a custodial parent wants to move — whether within a county, out of a county or out of state — he or she may need to present evidence to a court that the move is in the best interests of the child.
As articulated in the landmark case, In Re Marriage of Burgess, custodial parents in California have a presumptive right to move with the child. However, that right can be overcome if the other parent objects and presents evidence that the move would harm the child's interests. In some cases, custody can be transferred from one parent to the other.
Protecting the Rights of Non-Custodial Parents Wishing to Move
Non-custodial parents do not need permission from the court to move. However, they may end up forfeiting their visitation rights, or the parenting plan may need to modified to accommodate the move. If you are a non-custodial parent considering relocation, our lawyers can help you pursue the best strategies for continuing your relationship with your child.
Contact us to discuss any concerns you may have about the child custody implications of custodial and non-custodial parental relocation.
