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Guiding Families toFresh Starts
San Jose Divorce Lawyers / San Jose Move Away Lawyer

San Jose Move Away Lawyer

After a divorce, a person may want a fresh start. They may wish to move to another city or maybe even another state. While a person can technically move where they want once their marriage ends, if they have children, they may not be able to take them with them.

When the parent wants to move away to a new city, county, state, or country with the child, this is called a relocation case. Relocation cases are some of the most complex family law matters in California. No matter how close or far away the projected move is, this is a difficult legal issue that requires guidance from an experienced attorney.

If you have a parental move-away or relocation case, contact a San Jose move away lawyer from Argyris Mah, LLP. We can help you understand your legal rights and work toward a resolution.

Reasons for Parent Relocation

A parent may wish to relocate for the following reasons:

  • Job opportunities. A parent may have better job opportunities in another city or state, which could provide financial stability.
  • Support system. A parent may wish to move closer to family or friends who can provide emotional support or childcare.
  • Cost of living. Financial considerations may lead parents to relocate to areas with lower costs of living, allowing them to provide a better quality of life for their children.
  • Concerns about safety may prompt parents to seek a relocation to a safer or more desirable neighborhood.

Custodial Parent Moving Out of the State

If the custodial parent wants to move out of state with the child, they generally need to notify the non-custodial parent and the court to get consent or a court order before moving. The non-custodial parent has the right to object to the move. This will cause the case to go to court. The custodial parent who wishes to move will then have to demonstrate that the move is in the best interest of the child. The court will look at factors such as:

  • The reasons for the planned move
  • The extent to which the move would impact the child’s relationships with both parents
  • The quality of life for the child and the custodial parent
  • The ability of the non-custodial parent to maintain a meaningful relationship with the child after the relocation.

Non-Custodial Parent Moving Out of the State

For a non-custodial parent, moving out of state is often easier as long as they do so without the children. However, visitation and parenting time needs to be considered. The child visitation schedule will need to be adjusted. If the non-custodial parent was under supervised visitation due to child abuse, drug abuse, or other reasons, they will need to come to California to visit the children.

One important factor a judge will consider is how much time did each parent spend with the children in the past year or two. If the children spent half of the time with each parent, the court may not favor relocation with the children.

If the relocation is approved, non-custodial parents are often responsible for additional travel costs and must work to adjust the visitation schedule to maintain a relationship with their children. The court may revise the custody order to accommodate for these changes.

The Child Relocation Process

In California, a custodial parent may only move away with a child if they have permission, whether it be from the other parent or the court. A parent given custody of a child has the right to change the child’s residence of the child, with the court’s approval.

Child relocation requires a new custody or visitation agreement to be created. The parents can create it together, if they both agree. Otherwise, the judge will create a new agreement. The court will always try to ensure the child maintains frequent contact with both parents. It is important to keep this in mind if you are pursuing a relocation or fighting it.

A relocation will only be permitted if it is in the child’s best interests. The following will be considered:

  • The distance of the proposed move
  • Whether the distance will affect the other parent’s accessibility to the child
  • Whether the proposed move is necessary
  • The child’s relationship with each parent.
  • The child’s connections with their community, friends, classmates, and local family members
  • The child’s physical, medical, and emotional needs
  • The child’s age
  • The child’s wishes, if they are mature enough
  • Both parents’ abilities to communicate with each other
  • Any harm the move might cause the child

Reach Out to Our San Jose Move Away Lawyers for Help

Sometimes a parent may wish to relocate with a child after a divorce, but this is not always in the child’s best interest. The other parent may not agree to it or the court may deny the move as well.

Whether you want to relocate with your child or fight a move by the other parent, a San Jose child relocation lawyer from Argyris Mah, LLP can help. Schedule a consultation today by filling out the online form or calling (408) 214-6366.