Move-Away Orders

Move-Away Orders

The ending of a marriage or long-term romantic relationship is always difficult, even under the finest circumstances. Two lives are being radically changed, and there are many legal steps that must be followed to ensure that everything is divided equitably. The process can be further complicated if children are involved.

Couples with children who decide to end their relationship have an additional layer of the process to deal with. They not only have to navigate the untangling of their own lives, but they must also ensure that their children’s needs are met as well. Regardless of the relationship between the former partners, it is imperative that all decisions are made with theinterest of the children in mind, especially when one parent has to relocate. Working with an accomplished child relocation attorney can make the process more manageable.

Child Support and Custody Agreements

When a romantic partnership ends, the process is always difficult. It can be further complicated when there are children involved. The parents are navigating their own emotions about the situation, but they must also be working together to ensure that all of their children’s needs are attended to. One major aspect of this is establishing a child custody and child support arrangement.

Regardless of whether a couple is married or unmarried, many of the challenges of creating a child support and custody agreement are the same. It is important that the children have all of their physical and emotional needs met. Many courts will also aim to ensure that the lifestyle that the children are used to is maintained. Most importantly, any decisions will be made in theinterest of the children.

A few key things that are taken into consideration when determining what is most suitable for the children are:

  • How much money does each parent earn
  • The work schedule of each parent
  • How close each parent lives to family, schools, and medical care
  • The criminal history of each parent, especially if abuse is suspected
  • The relationship between the children and each parent
  • How involved each parent wishes to be in the life of their children

There are many factors in addition to these that may impact a child support and custody agreement. Once an agreement is reached, it is legally binding and must be followed closely. In some cases, however, the agreement will need to be changed.

Amending Child Support and Custody Agreements

Life often changes unexpectedly, and those changes can impact a child support or custody agreement. If one parent is facing an unexpected change to their circumstances, they may need to request that their child custody agreement be changed. This process is fairly simple, with the parent in question filing a petition with the courts to change the agreement.

The petition must include why the agreement needs to be changed and evidence to support why the change is necessary. Both parents will be able to speak before the judge, if necessary, once the petition has been filed. If a judge determines that the evidence is sufficient and the change is necessary, then it will be granted. One common reason that a child custody or support agreement will need to be changed is if one parent has to move.

California Child Relocation Laws

Parents want to ensure that they are able to provide a stable and consistent life for their children. Even in the midst of a difficult divorce or breakup, the well-being of any child is often the central priority for parents. It is understandable that circumstances can change unexpectedly, though, and a child support or custody agreement will need to be amended.

In California, a child relocation plan must be submitted to the courts if the parent with primary custody plans to move away with their children for more than thirty days. The request must be submitted a minimum of forty-five days prior to the move as a way to ensure that any necessary changes can be made to the custody and support agreement. These requests are not always guaranteed to be granted, though.

When a relocation request is submitted, there are several key factors that the judge will take into consideration before the decision is made. Some of these include:

  • How far will the children be moving
  • If the move will impact the current custody agreement
  • The relationship the parents have with each other, particularly dealing with communication
  • The age of any children being relocated
  • How the move may impact the relationship between the children and their parents

These factors, along with many others, are considered prior to granting a relocation request. If the judge believes that relocating will do more harm to a child than good, then they will likely not grant the request to relocate. Emotional difficulties, conflict with either parent, and trouble with school could all be considered harm that could delay or stop a relocation.

Ultimately, the decision that is made must serve the interest of the child. While most parents know what they want for their children, navigating a legal battle can be time-consuming and overwhelming. An experienced child relocation lawyer can make the process easier. They will be able to offer their experience, knowledge, and resources to help parents understand the correct course of action. They can also beinvaluable support during the legal process of amending a child support or custody arrangement.

Working with a Palm Desert Child Relocation Lawyer

In any family law case that involves children, the most important goal should always be the safety and well-being of the children. California has put laws and statutes in place to ensure that, even in family law cases that may be challenging, the interest of any children involved is always at the forefront.

This is particularly clear when dealing with child relocation cases. In some circumstances, it is necessary for a parent or guardian to relocate following a divorce or separation. This can be a stressful process, especially when children are involved in relocation. Custody agreements may need to be amended, and other necessary steps will have to be followed. Working with an experienced family lawyer can make the process easier to manage. Trust the team at the Law Offices of Athina K. Powers for your child relocation case.

Request a Consultation

  • This field is for validation purposes and should be left unchanged.


Translate »