Riverside Custody Divorce Family Law - HAQ Law Firm , PC (909) 234-9789
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Custody Move Away and Relocation Attorney
It is highly advised that if you have a case involving move away or relocation of the children, you obtain an experienced child custody move away attorney representation because of the complicated nature of such cases.
Move away and relocation cases are one of the most expensive and complicated family law child custody case. Our experienced child custody attorney in Riverside, CA represents parents in child custody cases where the custodial parent wants to relocate with the child(ren) to a distant city, another state or a different country, or when a noncustodial parent wants to prevent a move away or relocation of the child(ren) with the custodial parent and want to retain the representation of an aggressive child custody lawyer in Riverside, CA.
Our Riverside child custody lawyer can help you file a motion for a relocation or move away when there is an agreement that the custodial parent cannot move away with the child(ren). We also help parents seeking modification of child custody, to demonstrate there is a material change in circumstance, and that the move or relocation is in the best interest of the child(ren)
In determining the best interest of the child(ren), the Courts generally consider factors such as:
- The reason of the parent who is opposing the move away of the child(ren) (example: interference with his visitation rights);
- The reason for the custodial parent to want to relocate or move away with the child(ren);
- The consequence of the move away or relocation on the relationship between the child(ren) and the non-custodial parent (example: parental alienation);
- The child(ren)'s preference (if the child(ren) is of sufficient age and maturity to be abe to communicate such preference (usually age 13 or 14 and above);
- Whether the non-custodial parent's visitation rights will be preserved and not interfered with (usually the non-custodial parent gets increased summer vacation and other holiday schedule with the child);
- Whether the move away or relocation will enhance the lifestyle of the custodial parent and the child(ren) (e.g. better employment opportunities)
Custody Relocation Court Process - to move away with a child, the custodial parent must file a move away request with the court. The court then offers the parties an opportunity to come to an agreement in a child custody recommending counseling session, aka mediation. If parents do not reach an agreement, then the Court must conduct a hearing under Family Code section
217, wherein the court determines whether to allow the child to relocate with the custodial parent or to make the noncustodial parent the primary custodian of the child. Often times, the court orders an outside court approved independent psychological evaluation of the parties and children (if they are of sufficient age or maturity) to obtain an objective guidance as to the underlying reasons for the relocation of the children. As such, relocation of child custody cases are heavily litigated when one parent does not agree with the recommendation of the independent psychologist and the case is decided in trial.
Because relocation cases can be costly, parents are encouraged to voluntarily agree to a custody and visitation schedule in writing, and submit it to the Court to be made as an order. Otherwise, a written agreement (without being made as part of a Court order) is not something that the law enforcement authorities can enforce or honor.
If you have a modification of custody, or post-divorce modification case and wish to obtain legal advice, please feel free to contact our office. We are available by phone 7 days a week. Call us at (909)234-9789 for a FREE PHONE CONSULTATION 7 DAYS.