This article will bring to light things such as:
- Your rights pertaining to relocation when sharing custody of a child.
- How judges determine whether to give you the green light to relocate.
- How you can prepare yourself prior to filing for divorce.
When Relocating With A Child Or Children In California, When Do I Have To Obtain Approval From The Court?
You need to obtain approval from California courts as soon as possible when relocating with children, particularly for cases where you are relocating about 50 miles or further from your current location. It is a very lengthy process. Court approval is especially necessary whether relocating out of county or state.
How Far In Advance Do I Need To Petition The Court If I Intend To Relocate With A Child?
While there is no set time in advance when you need to petition the court when relocating with a child, we strongly advise doing so as soon as possible. It is a considerably long process with at least one, sometimes several hearings. Combine this with how California courts generally frown upon relocations – getting everything started as soon as possible is best.
If I Need To Relocate, How Do I Change Court-Ordered Custody Arrangement?
Petitioning the court is how to change court-ordered custody agreements.
Can I Prevent My Child’s Other Parent From Relocating?
The court has the final say concerning parents relocating. No party alone can prevent another from relocating.
Custodial parents, or the parent with primary physical custody of a child, must get court approval before relocating a significant distance, such as another county or state. If they relocate within the same community, they do not need approval. The non-custodial parent, or the parent without primary physical custody of the child, can object to the relocation. They can generally relocate without court approval.
The court will consider numerous factors in determining whether to allow the custodial parent to relocate. Doing such may affect an existing custody arrangement, creating the need for it to be modified and allow for continued visitation that does not interfere with the child’s school and other activities. This assumes the non-custodial parent is further away from the child due to the relocation.
What Is The Judge Going To Consider When Reviewing A Petition To Relocate With A Child Within Or Outside The State Of California?
The judge will consider several factors when reviewing a petition to relocate with a child in California. These generally include:
- Whether there has been constant visitation with the non-custodial parent;
- How visits with the non-custodial parent were;
- How is the child doing in school;
- How the relocation will impact the child, including the child’s visitation with the non-custodial parent.
The judge ultimately weighs what is in the child’s best interests, why the parent seeking relocation is seeking it, and the impact relocation would have on the child. Additionally, the judge considers what options other than relocation are available.
For example, suppose a custodial parent seeks to relocate because their employer transfers them to a different location. In that case, the court will consider the impact of doing so on the child and the impact on the non-custodial parent’s ability to see the child. The court will also consider alternatives, potentially going as far as to suggest the custodial parent look for other employment rather than transfer with their current employer to provide stability for the child via uninterrupted visitation with the non-custodial parent.
Important Aspects Of Divorce To Consider Before Filing – Are There Ways People Can Prepare Themselves Financially And Otherwise Before A Divorce Is Initiated?
There are ways people can prepare for a divorce before it is initiated. Although the reasons for divorce typically take priority over other concerns by the time parties are seriously considering divorce, you do well to consider the following as much as possible before initiating a divorce.:
- Financial impact;
- Child custody;
- Division of property;
- Being tied up in the legal system for the duration of the divorce process;
- Financial, mental, and emotional costs.
If I Move Out Before My Spouse Or I File Divorce In California, Will I Lose My Rights To The Property?
If you move out before you or your spouse file for divorce, you will not lose your right to the property. You may, however, lose your right to inherit the property.
Generally speaking, once a party vacates a property like a house, they do not lose their right to claim exclusive or shared ownership of that property. However, they put themselves at a disadvantage regarding retaining or inhabiting the property.
Like so many things in law, this is contingent on several factors and only advisable on a case-by-case basis. The party that loses out before filing a divorce can ultimately regain possession of the property as part of the settlement.
With the guidance of a skilled attorney for Family Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Family Law Cases in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (661) 255-2233 today.