Domestic and international relocation with custodial children

Child custody arrangements can look very different from family to family. In California, following a divorce or separation, parents can have diverse rights with regard to what they may and may not do with their kids. They may share certain custodial rights with their co-parents, or they or their co-parent may have sole discretion and authority over the care of their kids.

One problem that can arise in the context of child custody cases is relocation. A relocation can occur within California, the country, or anywhere else in the world. When a parent wishes to move with their child, they must follow specific rules. Their family law attorney can advise them on their particular situation, and no reader should rely on this post as specific legal advice.

What is a move away petition?

When a parent subject to a child custody order wishes to move with their child, they will generally have to file a move away petition. A move away petition is request by a parent to relocate with their child. Even parents with sole custody must file move away petitions because courts must look at if the move will be in the child’s best interests.

What outcomes are possible at the end of a move away hearing?

It is important that the rights and responsibilities of parents and children are prioritized in family law cases. It can be hard for parents to advocate for the needs of their kids when their co-parents want to move with their shared children. For this reason it is helpful for families subject to move away petitions to have legal advisors to help them advocate for their needs. Move away hearings can result in approvals and permission to move, or denials of move away requests.

Avoiding problems with moves

Even if a parent has sole custody of their child, they must abide by laws regarding relocation. The failure of a parent to follow these important rules may result in claims of abduction and violations of established family law orders. Before initiating a move with a child, parents can seek counsel for their specific needs from attorneys who work in the child custody field of law.

 

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