Pleasanton Child Relocation Lawyer

Pleasanton Child Relocation Attorney

A custodial parent, the one who has majority control and say in the care and responsibility for a minor child, does in fact have the power and right to move out of the state if needed and take the child with them. Such moves are usually allowed by California law, provided that the move won’t hinder the child’s mental and physical wellbeing and is in their best interests. Under California law, a written notice must be provided to both attorneys and their estranged partner a minimum of 30 days prior to the anticipated move. Legal representatives can work out details and a s judge can determine new visitation rights for the non-custodial parent if necessary.

Pleasanton Family Law Attorney Offers Insight Into Child Relocations

The non-moving parent can appeal the decision and file an objection with the court and fight the move and ask the judge to overturn the move decision. There will be a hearing where both parents can present heir case and the judge will then determine whether any adjustments and changes that need to be made. Both parent’s arguments will be taken into account as well as the child’s best interests. A judge does not always automatically remove custody rights from a parent simply because a move might be stressful or somewhat difficult for them. A range of short-term and long-term factors and points will be considered during the course of the hearing.

What Pleasanton Family Law Attorney Representative Will Help You Plan For

Factors a judge will look at to determine whether or not a change in custody is appropriate, can include:

• Need for continuity and stability for the sake of the child
• The distance the move would be from where the child is currently
• What risk of physical, mental, or emotional harm the move may pose
• The child’s relationship with their parents at the current moment
• How the parents get along, based on communications and past interactions
• Any harm that might occur to the child’s relationship with the other parent
• Reason given for the move and how necessary it truly is
• How well the child’s myriad of physical and mental needs will be met
• Access the child will have to extended family members at the new location
• Ease at which the child will have access to essential resources
• Ability of the child to make friends and adapt to the new home environment
• Any factor seen as being relevant to maintaining the child’s best interest

What You Need to Know About Relocation in California

Divorce proceedings become all the more complicated once children are involved. And even more so, once the custodial parent decides to move out of state.

If you are in such a situation, it is highly recommended that you consult immediately with a Pleasanton relocation attorney.

Relocation Laws in California

It’s not so much that you as an adult individual is being prevented from going away, not at all. You’re free to move wherever you want, as much as you want.

The conversation becomes different altogether, though, if you intend to move with your minor child. If at the time of the process of moving, there is no final Custody Determination yet, you must file a Request of Order to either seek approval for the move or take action to stop it.

This request is required for any move involving the child over 30 days, regardless if it’s temporary or not. You must also provide notice of your intent to move at least 45 day prior.

Considerations in a Relocation Hearing

A relocation hearing will be held to determine whether to approve the move, based on “the best interests of the child.”

Is it going to harm the child’s relationship to the non-custodial parent? Will it impact the child’s health and safety? Is there any history of alcohol or drug abuse by either parent?

How Can A Lawyer Help

Because this is a very specialized type of case, it is highly recommended that you seek the help of a Pleasanton CA Parent Relocation attorney. Their specific knowledge about these types of cases can help you get the results you want.

If you have plans of moving early on, it is also best that you inform your divorce attorney in Pleasanton CA at the soonest possible time. The earlier you prepare for your request to move, the better it is for you.

They can immediately start working on a strategy, as well as make sure that you meet all requirements on time.

A Pleasanton Family Law Attorney such as from Tierney Law Group is in the best position to help you get the court decision you need to make your move happen.

Get Legal Help Today With A Pleasanton Child Relocation Lawyer

It is important to note that no single child relocation case is the same. So finding a skilled and experienced attorney to work with is critical to getting a fair and just ruling from the judge. Contact the Tierney Law Group of California today to get started!

We invite you to E-Mail or call us at 925.362.3364 to arrange a consultation to discuss your support issue with an experienced Pleasanton CA Child and Spousal Support Attorney.