California Family Law Custodial Parent Moves Away Can They Still Request Child Support

Getting a divorce is difficult for the entire family, peculiarly when children are involved. If your divorce has been finalized in California, you might be considering relocating with your child. All the same, it may non e'er be that easy as the court might determine that relocation is not in the best involvement of the child.

A custodial parent tin modify their residence with their kid if it doesn't interfere with the kid's rights or custody arrangement.

There are oft situations where a divorced parent with sole or joint custody of their child decides to move away or relocate. Typically, this decision is fabricated to:

• move closer to their family;
• financial considerations;
• accept a promotion at piece of work;
• go back to college;
• getting remarried.

A custodial parent in California has the correct to change residences with their child as long every bit the movement won't interfere with the child's rights or best interests. Nether California law, a parent is required to provide:

• written find of a programme to move abroad with their kid for more than than xxx days;
• the notice needs to exist sent at least 45 days earlier the proposed move;
• to allow parents to work out a new kid custody or visitation agreement.

The not-custodial parent tin can file an objection to the proposed relocation and ask a courtroom to modify kid custody equally a result.

To requite readers a improve understanding on whether a custodial parent in California can move away with their child, our Los Angeles divorce and family law lawyers are providing a review below.

What are the Of import California Child Custody Terms?

Child custody in California tin go complicated, and so before you consider relocating with your kid, you lot need to make sure you take a clear understanding of the of import child custody terms:

• "relocation" means the custodial parent wants to move abroad with their kid, either out of state or a certain altitude abroad;
• "primary custodial parent" means the parent who has principal physical custody of the child where they alive the majority of the time;
• "child visitation" means the corporeality of fourth dimension a child spends with the parent who doesn't accept primary custody equally described in the child custody understanding;
• "legal custody" ways the right to make long-term decisions for the kid, such as where they get to school, church, and healthcare;
• "joint custody" means both parents have almost equal physical and/or legal custody of the child.

What is an Of import Gene in Child Custody Agreement?

Depending on the terms of your child custody understanding, you can ask the court to relocate with your kid to another metropolis or state.

Parental relocation is clearly an important factor you need to consider in the context of divorce and child custody agreements in California. Frequently, when parents get divorced, one parent decides to move to another city or country.

If the parent was awarded sole concrete custody or articulation legal custody of their kid, the decision to move quickly causes a serious dispute with the other parent.

Depending on the terms of your California child custody and parental visitation agreement, you tin can:

• asking permission from the courtroom to relocate with your kid,
• to another city, country, or land.

It should be noted, however, the court has wide discretion to determine the outcome of child relocation cases.

This ways y'all demand to have an experienced California family unit law lawyer in your corner when filing for, or making a claiming to, a parental move-away petition.

What are My Parental Rights in Child Move-Abroad Situation?

Every bit stated, a relocation or move-away example in California occurs when 1 divorced parent seeks permission from the family law court to:

• move their child far plenty away that;
• the relocation will disrupt an existing custodial or parental visitation agreement;
• the other parent volition be prevented from seeing their child every bit oft as the existing custody agreement allows.

The parental rights in a California motility-away or relocation situation will depend on the terms of the child custody agreement imposed past the family law court.

California Family Code 7501 states a parent with sole physical child custody tin modify residence if it doesn't impact the welfare of the child.

Under California Family Code 7501, a parent who has sole physical child custody has the right to:

• modify the child's residence, if
• information technology doesn't prejudice the rights or welfare of the child.

In this situation, the custodial parent is non required to bear witness there is a necessity to brand the move.

In order for the non-custodial parent to claiming a relocation, they volition take to request a custody modification from the family unit constabulary court. They volition have to show a substantial change in circumstances making a alter of custody necessary for the welfare of the child.

If the divorced parents have joint legal custody, or a final child custody order has not yet been issued, then the family unit law court volition decide what child custody arrangement is in the all-time interests of the children.

What Does a Family Court Judge Consider in a Child Relocation Hearing?

In California move-away cases, a change in child custody just applies if the motility would significantly negatively impact the child.

If the other parent objects to moving the child, the family unit court judge will schedule a hearing to determine whether a change in custody or visitation is needed in the context of the proposed move.

During a California child relocation hearing, the guess's main business organization is the touch on the move volition have on the child.

A family court gauge won't normally remove a kid from a custodial parent because the proposed move will exist hard on the kid.

Rather, a change of custody would exist advisable in a state of affairs where the non-custodial parent tin can prove moving the child would be detrimental and that a changing the child custody order would be in the child's best interest.

Typically, during California kid relocation proceedings, the family court judge considers the impact the move is probable to have on the child every bit their primary factor, along with other factors like:

• child's continuity and stability;
• child's health and well-existence;
• child's emotional and physical needs;
• child'southward human relationship with each parent;
• child's age and their wishes;
• existing kid custody understanding;
• harm it would cause to relationship with not-moving parent;
• potential damage to child resulting from change on custody;
• potential harm to the child's education;
• distance and reason for the proposed movement;
• parent'south fiscal stability;
• parent's relationship with each other.

It's important to note the courtroom tin can also consider whatever other factors the court deems relevant to the child'south all-time interests.

Contact Furman & Zavatsky for Aid with Child Move-Abroad Cases

In Los Angeles, what the family unit law court determines to be in the best interests of your child volition have a significant bear on on any child custody decisions.

Contact our police house to review the details of your child move-away example.

Information technology should exist noted the family courtroom gauge hearing your child relocation case broad discretion on how they rule in these cases. As discussed, in that location are some problems that tin complicate the outcome of parental move-abroad cases, including:

• child custody modification and visitation agreements, that
• could violate the rights of the other parent.

Y'all need to understand that regardless of the actual distance of the move, if a parent'due south relocation negatively impacts the agreed-upon custody arrangement, it could end upwardly in a family court for a decision.

This means you will need Los Angeles family law lawyer with experience litigating divorce relocation cases, which tin significantly improve your chances of obtaining a favorable outcome in court.

Our skilled family unit law attorneys represent divorced parents on both sides of this situation, and we volition piece of work to find a fair solution for both parties. We empathise your child's well-being is the primary focus in a parental relocation and whatsoever type of kid custody dispute.

Furman & Zavatsky are Los Angeles divorce and family law attorneys who correspond clients throughout Southern California, including LA Canton, Ventura Canton, Simi Valley, and the San Fernando Valley.

Our office is located at 15821 Ventura Blvd #690 Encino, CA 91436. Contact us for a free instance consultation at (818) 528-3471.

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Source: https://www.furmanzavatsky.com/can-a-custodial-parent-move-away-with-their-child-in-california/

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