Certified Specialist - Family Law
Parental Relocation in Newport Beach
Let a Newport Beach Family Lawyer Help
Parents sharing custody of their children sometimes find the unexpected
occurs and the other parent wants or needs to relocate or move away-often
to a distant location. It is a difficult dilemma that the Court is seeing
more and more of because of the economy as people are moving often to
find better or keep employment.
You may find yourself in this situation. Either being the parent that feels
for the "greatest good" you must leave. Or being the parent
who is facing this situation with an ex-spouse who agreed earlier not
to relocate, but whose situation has changed and they are now petitioning
the Court for approval.
Understanding California Relocation Laws
In California Family Code section 7501 it states, "a parent is entitled
to the custody of a child has a right to change the residence of the child,
subject to the power of the court to restrain a removal that would prejudice
the rights or welfare of the child." Although, it would appear to
be a clear and straightforward statute, the interpretation of that law
in California has been subject to many diverse and even contradictory
appellate decisions, over the last decade.
Some courts created tests for move away cases to guide the trial courts
in making a determination, in other cases some other Courts simply held
the custodial parent was presumptively entitled to relocate. Then in other
cases, the issue regarding the "removal that would prejudice the
rights or welfare of the child" has been strenuously argued and making
it necessary for the parent wishing to leave to have to "prove"
the move was necessary, expedient, essential or imperative.
Notice of Intent
In cases where joint
child custody is in place, where the child has spent significant time with both parents
an exception can be raised. One Court case held that where there is a
shared custody relationship the Court would have to make a new determination
regarding custody based on the best interests of the child. In the state
of California, one parent must give 45 days' notice of their intent
to relocate to the other parent and the court for approval.
If you are facing a situation where you either need to relocate with your
children or you want to prevent the relocation of your child, it is well
contact a Newport Beach family lawyer who is well-versed in the wide ranging complexities of parental relocation.
To try to navigate these waters without a well-educated
Newport Beach family law attorney in this field, you may be putting yourself at a great disadvantage.