Move-Away Cases in Pasadena
Changes occur frequently in the life of an average American. After divorce,
life goes on and changes continue to occur. When one parent wishes to
move away with a child they have full or partial custody over, both parties
will likely be in opposition. The family law court may need to step in
to resolve the issue and determine whether the relocation is in the best
interest of the child. Move-away cases can occur for various reasons,
such as a job, but no matter what the issue, you should speak with a
Pasadena divorce attorney from our firm. Many issues will have to be analyzed before a final decision
is made and approved by the court. If you are on either side of a move-away
case, speak with a member of our firm at once.
California Move-Away Laws
California's move-away laws are complex and determined by various factors
that can affect the final outcome. Move-away cases will have to be brought
to the attention of the court when it will impact the custodial situation,
no matter the distance of the relocation. When one divorced parent wants
to move away with a child, that individual can file a motion with the
court for a new custody order that reflects the relocation. Parents can
mediate the issue to see if an agreement can be reached regarding where
the child will live and what the visitation arrangement will include.
When parents cannot agree, a hearing with the court will need to take
place. The court will determine whether the child should move with the
parent, not whether the parent will move.
Courts approach move-away cases by assessing such factors as what type
of custody arrangement is already set in place. When joint custody is
arranged, there is no need to show that circumstances have changed. Instead,
an evidentiary hearing to make a new custody decision will be pursued.
When the moving party has sole custody, he or she has a presumptive right
to move with the child. Before the move can take place, however, the other
parent has the chance show proof that the move would be detrimental to
the child. No matter what part of the case you are on, we can help you
ensure the best interest of your child is protected.
Contact us today!