San Jose Relocation Lawyer

After a divorce, people sometimes want to relocate. They may want to move to another city, state, or even another country for a fresh start. Maybe they want to live closer to family or perhaps they got a job offer they couldn’t refuse.

Moving to a new location can be stressful enough. It’s especially stressful and complex when there are children involved because you can’t just take them with you. You need approval either from the other parent or the court.

Relocation matters in California are determined on a case-by-case basis. A judge will carefully review the facts of each case before deciding whether to approve a request. Because of this, it is important to hire an experienced attorney who understands the laws connected to your case. A San Jose relocation lawyer from Argyris Mah, LLP can assist you with this.

Best Interests of the Child

When deciding on relocation, the judge will look at the child’s best interests. The following may be considered:

• Parental motives. What is the reason for the move?
• Impact on relationships. How will the move affect the child’s relationship with the non-moving parent? Courts examine the distance, visitation arrangements, and the ability of both parents to maintain ongoing involvement in the child’s life.
• Presence of support networks. The proximity of extended family members and support networks will be considered in both the current and proposed locations.
• The child’s quality of life. The ability to maintain the child’s existing standard of living, including housing, community resources, and social environment, is taken into account.
• The child’s preferences. Depending on their age and maturity, the child’s preferences may be considered.

What Happens If I Move With My Child Without an Order?

If you plan to relocate and you and your ex-spouse can come to an agreement on child custody and visitation, you can submit this agreement to the courts for approval. The courts will likely approve as long as the agreement does not go against the best interests of the child.

However, if you and your ex-spouse cannot agree on a new custody arrangement, you will be required to file a request with the court. You must file the appropriate paperwork with supporting evidence showing that the move would not interfere with the co-parent’s right to have frequent contact with your child.

If you relocate with your child without a court order, this may be considered some form of kidnapping and you can face criminal penalties. California law states that taking or withholding a child and depriving a lawful custodial parent of a right to custody or visitation can result in one year of jail time and a $1,000 fine. On the other hand, if your ex-spouse has moved your child away without your consent, you can take legal action.

Let Our San Jose Relocation Attorneys Support You

Relocation laws are in place to protect your rights as a parent and safeguard your child. Make sure you follow them or else you could end up in legal trouble.

If you are looking to relocate, a San Jose relocation lawyer from Argyris Mah, LLP can help you understand the legalities involved. Don’t move your child without permission from the other parent or the court. To schedule a consultation, call (408) 214-6366 or fill out the online form.