In California, divorce and family law issues are difficult enough without worrying about what might happen in the aftermath. However, even after the case is over, there are still lingering concerns that need to be addressed. Children are frequently at the center of a dispute between parents and one reason that can cause significant discord is if a custodial parent wants to relocate with the child.
There are several considerations that will factor in with an attempted relocation. Both the custodial and noncustodial parent must be prepared to present their case as to why their position should be given greater weight. In many instances, a relocation can be addressed reasonably with each side achieving their objective. They need to be prepared from the beginning, have a grasp of the basics of relocation and the law.
Addressing challenges related to parental relocation
When a parent wants to relocate with the child, they need to let the court know about it and have a justification for it. The court will need to know whether it will impact the current parenting time agreement. It will also ask if the noncustodial parent has been informed and agreed to the move.
If it will not necessitate a change to the parenting time as it stands or the noncustodial parent has agreed, then the court will generally approve the attempted relocation. Unfortunately, a large number of these cases are not that simple.
The custody agreement is also a fundamental factor with relocation. A parent who has sole custody of the child will have a far easier time relocating than when there is a joint custody arrangement. The child’s best interests are always paramount. The parent moving to be closer to family, for a job or for education would likely benefit the parent and the child. The move could be necessary for them to advance in life.
On the other hand, the parent objecting to the move would need to show that the relocation would potentially be harmful to the child. Perhaps they are worried about the area the parent plans to move to or they could have concerns about negative influences in the new location.
A judge who is considering a relocation request can look at other factors including how far the parent plans to move. If it is a great distance away, for example on the East Coast or another country altogether, this would make a major difference than if it was simply another part of California. The current custody agreement, the child’s age and the current relationship between the parents are also significant.
Relocation needs to be addressed in a reasonable way
Since these cases are so complicated and emotionally wrenching, it is essential for parents to have experienced advice from the outset. The most important thing to remember is that it is the child who can suffer most when parents are unable to come to a reasonable agreement with custody and parenting time as part of a relocation.
Forging an effective plan is key whether the relocation is approved or not. When it is, there are ways that the noncustodial parent can have extra time with the child to account for the longer distance they are living apart. The custodial parent can also achieve their stated goals when they choose to relocate. Seasoned and caring guidance can make a major difference in reaching a positive resolution in the family law case and ensuring the child’s needs are met.
