As life changes occur, one parent may desire to relocate and move away from the area with a child. Moving out of state with a child from the Los Angeles area usually will affect the custody rights and parenting time of both parents and typically requires a modification of the original court order.
TRABOLSI | LEVY | GABBARD LLP represents parents who wish to ask for the ability to relocate with the minor child as well as those who object to a proposed relocation. We have handled relocations within Los Angeles and other parts of California, as well as the more complicated scenarios of interstate or international relocation. These cases for moving out of state with a child are often highly contested matters and may require the use of experts, such as child psychologists, to discuss the impact of the move on the kids. Our lawyers help clients understand their rights in these matters and ensure that the interests of the children come first.
A major part of getting through your divorce is moving on in your life with your ex-spouse no longer being a part of it. That may mean moving away from Los Angeles to find a new job, be closer to family or just pursue new opportunities. Yet how are you able to do that if you and your ex have children together?
The law recognizes the importance of children having continued contact with both of their parents. However, if you have primary custody of your children, California's Family Code states that you have the right to determine where their residence will be. This allows you to move away with your kids if you so choose. Your ex-spouse may dispute the move, but in order to modify your custody agreement to accommodate for it, he or she will have to show that you moving away would be harmful for your children.
Still, the court may view you wanting to leave as you not recognizing the important role your ex-spouse still plays in your kids' lives. Thus, you may increase the chances of your being permitted to move without modifying your custody agreement if you are able to work with your ex-spouse to get his or her consent. This will likely include coming up with a visitation schedule that does not place a majority of the burden of travel costs on him or her.
What if you share joint custody? The Judicial Branch of California states that the court looks at the actual time your kids spend with you and your ex when determining custody, not the exact language of your agreement. Thus, if it finds the kids spend a majority of time with you, it may determine you do indeed have primary custody and therefore afford you the opportunity to move.
What the Court Considers in Relocation Requests
The parent who wants to relocate must demonstrate a legitimate reason, such as a new job, family support, or remarriage, and the move must be in the best interests of the child. A parent who opposes the move likewise has a burden to show a detriment to the child or an intent to cut the noncustodial parent out of the picture.
Relocation law and litigation are very complex. Parental relocation defies simple legal solutions, but our experienced Los Angeles move away attorneys can help negotiate a workable solution for a difficult situation. We help parents put the needs of their children first when moving out of state and work out the compromises necessary to avoid litigation. If the other parent is unreasonable or has impure motives for seeking or challenging a move, we will vigorously assert your arguments and your child's best interests in family court.
You can count on TRABOLSI | LEVY | GABBARD LLP to support your legal interests regarding the following issues:
- Relocation modification requests
- Changed circumstances justifying modifications
- Private negotiations aimed at settling relocation issues
- Contractual provisions applicable to the determination of relocation matters
How Our Relocation Request Lawyers in Los Angeles Can Help You
If you are in need of legal advice regarding a matter related to your legal rights and responsibilities in the event of relocating to a different residence, you should consult an experienced lawyer form TRABOLSI | LEVY | GABBARD LLP. We work with parents on either side of relocation matters. To meet with one of our lawyers to discuss your case,