Rancho Cucamonga Child Relocation Attorney

Relocations & Child Custody Services in Racho Cucamonga, CA

State law requires that a separated or divorced parent advise the court if they are planning to relocate. As the primary concern is the "best interests of the child" in custody matters, the court may not always approve of relocation, especially if the other parent shares custody or has a regular visitation plan.

When one parent wants to move a great distance away, the court often requires a justifiable reason before granting approval. Even if they do grant approval, there may be additional modifications added to the custody agreement.

Whether you are planning on relocating or want to stop another parent from taking your children away, it is important that you retain legal counsel during this time. You need a Rancho Cucamonga child relocation attorney who understands your unique situation and can help you present your case to the court.

Reasons for Relocations

There are many circumstances that can require relocation. While the court will assess each request on a case by case basis, there are certain situations that may be more likely to receive approval.

However, if the court believes that the move isn’t in the best interests of the child, they may decide that the other parent should be given primary or shared custody of a child. These matters can be emotional and difficult, and you want the steady hand of a skilled lawyer guiding you through each step of the way.

Child Relocation Process in California

Child relocation in California typically involves moving a child from one location to another when the parents are divorced or separated, and custody arrangements are already in place. The process is governed by California Family Code and is subject to strict scrutiny to ensure the move serves the child’s best interests.

The following is an overview of the legal process:

1. Determine Legal Custody Arrangement: If parents share joint custody, a move must be agreed upon by both parents or approved by the court. If one parent has sole physical custody, that parent usually has more leeway to relocate; however, they must still provide notice and may need court approval if the other parent objects.
2. Provide Notice: The relocating parent must typically notify the non-relocating parent in writing, usually at least 45 days before the intended move. This gives the other parent time to respond and potentially object.
3. Negotiate a Relocation Agreement: Parents are encouraged to work together to reach an agreement regarding the move. This could include revising visitation schedules, adjusting custody arrangements, or creating a long-distance parenting plan.
4. File a Motion (If There’s Disagreement): If the non-relocating parent objects, the relocating parent must file a motion with the family court requesting permission to relocate. This initiates a court process.
5. Court Evaluation: The court will evaluate the case based on:
   • Best Interests of the Child: The court focuses on how the move affects the child's stability, relationships, education, and overall well-being.
   • Reason for Relocation: The court examines why the relocating parent wants to move (e.g., a job opportunity, family support).
   • Impact on Relationship: The court considers how the move affects the child’s relationship with the non-relocating parent.
   • Existing Custody Orders: The court examines whether the existing custody arrangement is practical with the relocation.
6. Court Hearing: Both parents present evidence and arguments. The court may order an evaluation by a mediator or a custody evaluator to provide recommendations.
7. Court Decision: The court may:
   • Approve the relocation and modify the custody/visitation arrangement.
   • Deny the relocation if it is deemed not in the child’s best interests.
8. Enforcement and Adjustments: If the court approves the relocation, the order must be followed. Long-distance parenting plans may include:
   • Virtual visitation.
   • Extended holiday or summer visitation periods.
   • Adjustments to child support, if necessary.

California courts presume the relocating parent is acting in good faith unless proven otherwise. It’s highly recommended that parents consult a family law attorney to navigate the complexities of child relocation.

Get Counsel Today. Call (909) 992-0188!

Family Law Advocacy Group is an accomplished divorce firm that has gained a reputation for professional legal representation in all types of family law matters, including relocation cases. We can advise you on how to move forward in your legal situation and guide you through complex legal processes. No matter the specifics of your custody and relocation matter, our divorce attorneys are ready to help.