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The Implications of Move Aways in Our Mobile Society
When couples with children divorce or separate, custody and visitation arrangements can be affected by many circumstances. One such circumstance is when either parent wants to move away, whether to a new neighborhood or to another state.
Ultimately, either parent may move away. There are no laws preventing a parent from relocating for any reason, whether to accept a job or seek family support. However, the state prohibits the custodial parent from moving the children without the consent of the other parent without first examining the custody and visitation implications.
The Process
In California, the parent who has physical custody of the children must file a move away petition to get permission from the court to move with the child if the other parent objects to the move. At the same time, the non-custodial parent has the right to file a petition to modify custody or visitation rights when the custodial parent moves away.
At the Law Offices of Dorie A. Rogers, we understand the complex legal and emotional issues involved with move away hearings. We can help you file an application for a hearing, or we can provide legal advice if your co-parent is planning a move.
Kidnapping Implications
Child custody is possibly the most sensitive family law issue. You need to be fully aware of your parental rights and obligations during move away case. If proper legal actions are not taken, either parent could be exposed to federal kidnapping laws. You cannot just leave the state with the children, even if you have physical custody.
Huntington Beach Petition to Modify Custody Lawyer
When one parent decides to move away, it often difficult for the children. Attorney Dorie A. Rogers has nearly 30 years of family law experience and also has a mental health background, which helps her identify and explain the emotional effects a move away may have on your children.
Guidelines
Depending on your situation and your desired outcome, it is important to consult a lawyer as soon as possible. The court looks at a number of guidelines when deciding whether to allow the party to move with the children. They generally consider the children's best interests, or the relevant legal presumption, several existing factors and where you may be in the process of divorce.
Planning is critical. If child custody needs to be evaluated, the court can ask for a child custody evaluation. We can help develop strategies and carefully craft your argument to pursue the results you wish to achieve.
Call Us
For more information, or to schedule a consultation in our Orange County office, please call us at 714-602-1492 or send us an e-mail.
