Understanding Child Relocation Laws in California- 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.
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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.
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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
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!