Westlake Village Relocation Lawyer
When a divorced or single parent plans to relocate with a child by moving to a distant city or another state, the other parent's right to frequent and continuous contact with the child is sure to be affected.
California family courts approach these situations more from the perspective of the child's best interests than an attempt to balance the conflicting objectives of the parents themselves. A noncustodial parent who opposes a proposed move must show that it would be detrimental to the child, after which the trial court must evaluate all relevant factors to determine whether it is in the child's best interests to change custody. To learn how an attorney experienced with parental relocation issues can help you, contact the Law Office of Jacqueline Y. Blade in Westlake Village.
Call 805-496-2311 for the Advice of a Los Angeles Child Relocation Lawyer
If you are a parent who was awarded any amount of physical custody of your child and you are seeking to move away with the child, you must either obtain the other parent's written permission or obtain a new court order allowing you to relocate any significant distance with the child. It is by no means certain that a court will allow you to leave with the child over the other parent's objection, even if there are very sound reasons for your proposed move.
California family courts will resolve disputes over parental relocation plans with the best interests of the children involved as the primary factor in the decision. Because the law presumes that a stable, substantial and continuing relationship between a child and both parents will usually be in the child's best interests, the reasons in favor of the move will need to be especially strong in order to obtain the court's permission through a motion for modification of a custody and visitation.
The court will evaluate all relevant factors to determine whether it is in the child's best interests to change custody. These factors include reasons for the move, extent of shared custody, distance, stability and continuity, age, relationship with both parents, relationship between parents regarding their ability to communicate and cooperate, willingness to put the child first, and the child's wishes. Evidence such as consistently failing to exercise custodial time, abuse, neglect, recent history of drug or alcohol abuse, and similar circumstances may sometimes, but not necessarily, overcome an objection to the relocation.
Representing Parents on Either Side of Parental Relocation Disputes
There is no absolute right to move away. The parent asked to accept the relocation proposal will typically be in a stronger legal position than the parent proposing to move away, but every case is determined on its own facts. Westlake Village child relocation attorney Jacqueline Y. Blade works with parents on either side of a parental relocation issue.
Her experience with the resolution of disputes between parents will give you a new perspective and good idea of how a judge is likely to rule on the situation. This information will help you focus your attention on key issues of fact that will bear on the decision to approve or deny the relocation proposal. For additional information, contact the Law Office of Jacqueline Y. Blade in Westlake Village.