move away / relocation

If you are thinking about moving or relocating with your child to a different city or state, it is important that you consult an experienced family law attorney to learn about your rights. At the Law Office of Jennifer Miller, we represent both parents who are interested in moving and who seek to prevent their child's other parent from leaving.

At Miller Law, we handle custody move aways and enforcement matters for custodial and non-custodial parents in the Ventura area. Recognizing that each situation is unique, we take the time to learn about each client. We understand that maintaining a positive and caring relationship with your child is critical to both you and your child. We work hard to ensure that our clients' interests and the interests of their children are protected.

When Can a Custodial Parent Relocate?

If you need to relocate out of state, or if you wish to prevent your child from being removed from California, you will need to understand your rights under California child custody law. While the Court cannot order someone to live in a certain place, it can order a parent not to remove a child from the area. Here are a few factors the state will review to determine if a move is permissible:

  • Why the custodial parent wishes to move
  • Why the other parent objects to the proposed relocation
  • The history and quality of each parent's relationship with the child since the last
    custody order
  • The child's education opportunities at the current and proposed location
  • Whether or not the child has extended family at the current and proposed locations
  • Whether either parent abused the child, and when such abuse occurred
  • The advantages of having the child remaining with the primary caretaker
  • The impact of the move on the child
  • Whether a reasonable parenting time schedule can be fashioned for the
    noncustodial parent

The relocation of a custodial parent is a complex matter involving much more than the change of a physical address. 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 it requires giving the other parent sufficient notice of your intent to move as well as reasons for doing so. If the other parent challenges your request, it may also involve filing motions with the court, presenting your case before a judge, modifying an existing parenting time plan, and working out an agreement to pay for transportation of either the child or non-custodial parent for visitation purposes.

Contact a Move Away Attorney

Child custody is possibly the most sensitive family law issue. You need to be fully aware of your parental rights and obligations during a move away case. Contact us today online or by phone at 805.218.0113 to speak with a knowledgeable, Ventura family law attorney. With offices conveniently located in Downtown Ventura, we are always here to answer your questions and provide you with legal advice you can count on.

 

 

   
   
   
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  Miller Law
474 E. Santa Clara Street
Ventura, CA 93001| Map
(805) 218-0113 Phone