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Santa Monica Parental Relocation

After a divorce is finalized, some people choose to start anew in different locations. If they share custody of their kids, they often embark on this journey together, aiming to create a fresh chapter in their lives.

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However, relocating a child post-divorce carries legal implications, especially concerning its potential impact on the other parent’s access to the children. It is crucial for parents in Santa Monica, California, to ensure that both continue to have meaningful interactions with their children during and after the move. Consequently, the parenting plan must be modified to reflect the new circumstances arising from the relocation. Resolution is vital before any move takes place to safeguard the best interests of the children in relocation disputes.

Put your trust in Benefield Law - Family Law Trial Advocates P.C.‘s Santa Monica parental relocation attorneys to help you navigate the complexities of the state’s child and parental relocation laws. Our legal staff excels at explaining the relocation procedure to all relevant parties, ensuring compliance with the existing parenting plan. We are ready to negotiate the development of a new parenting plan that considers the interests of both parties if the circumstances warrant it. Additionally, we provide personalized legal assistance to parents seeking to challenge the relocation of their children by the other party, ensuring their rights are upheld and their voices are heard.

Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Parental Relocation attorney.

Definition of Relocation in California

A parent must relocate if they want to change their child’s primary residence, which is a decision with important legal implications. Under certain circumstances, the parent who has physical custody of the kid may seek to relocate:

  • The new location needs to work with the existing visits and custody schedules.
  • If the relocation takes longer than 30 days, the other parent must be notified in writing at least 45 days in advance of the planned move and give their consent.

If the relocation involves moving outside of the state or nation, which could affect current custody and visitation orders, the case becomes a “move-away” case.

The non-moving parent still has the option to oppose the proposed move within the 45-day notification period. This period also provides a chance to discuss a modified visitation and custody schedule considering the relocation’s modifications.

Court Involvement in Child/Parental Relocation/Move-Away

When a parent with custody decides to move with their child, custody is usually not at risk unless the other parent objects or if the move could potentially harm the child’s wellbeing.

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In specific situations, a judge may convene a hearing to assess whether the proposed relocation justifies modifying custody and visiting schedules. It is essential to recognize that a judge will not alter custody without carefully considering all relevant circumstances.

Suppose the non-custodial parent can demonstrate that the proposed change would harm the child and that an alternative custody arrangement would be more beneficial. In that case, the request for a change in custody may be granted.

The judge will consider several criteria while determining whether a change in custody is warranted, including:

  • The child’s requirement for consistency and stability
  • The suggested move’s length and effects
  • The effects on custody arrangements, both current and potential
  • The child’s communication with both parents
  • The capacity of parents to work together for the wellbeing of their children
  • The possible negative impact of the relocation on the child’s bond with the parent who is staying put
  • The reasons for the move
  • The physical, emotional, and educational needs of the kid and how those needs would be met after the move
  • The child’s relationships with both the people impacted by the transfer and their extended relatives in their current community
  • More relevant elements that the Court thought were important

You can be confident that Benefield Law - Family Law Trial Advocates P.C.‘s Santa Monica parental relocation lawyers will assist you, whether you’re advocating for a custody modification or navigating the relocation procedure. We will thoroughly assess your situation, utilizing the pertinent elements to construct a robust legal plan for a successful outcome. You can rely on us to handle every aspect of your circumstances with dedication and skill.

Child Relocation and Custody Orders

The existing custody arrangement significantly influences the approval of a relocation plan.

When one parent has sole physical custody, they usually have more flexibility in moving with their child. However, in joint physical custody cases, the parenting plan must consider the whereabouts of both parents.

Suppose the other parent disputes the benefits of the custody order for the child. In that case, a parent with sole custody can typically proceed with relocation if the Court deems the custody order to be permanent. In cases of permanent joint custody, moving requires demonstrating that it is in the child’s best interests.

Regardless of the custody arrangement, the judge will decide based on what’s best for the child if there isn’t a permanent custody order.

You can rely on our Santa Monica parental relocation attorneys to represent you in Court throughout the process. We are committed to providing you with the assistance and resources needed to navigate the complexities of your case and comprehend its potential effects. Count on us to guide you competently and professionally through each stage of the procedure.

Additional Protections for Non-Moving Parents

Even parents not granted custody or visitation rights may pursue legal options to safeguard their relationship with their kids in the event of a move.

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Review the court-approved parenting plan to understand the safeguards against relocation. These agreements typically include clauses that ensure continued communication between the non-custodial parent and the child in the event of a move. It is crucial that the custodial parent respects any distance limitations specified in the plan and notifies the other parent of any planned relocation.

The intervention of the Court:

If you and the relocating parent cannot agree or believe the move is not in the child’s best interests, you can ask the Court to become involved. Considering all viewpoints, the Court’s primary concern during the comprehensive hearing to mediate the dispute is the child’s well-being.

Updated Schedule of Visitations:

If you accept the relocation, it is advisable to collaborate with the other parent and their legal counsel to create a new visitation plan to protect your parenting and visiting rights. The updated timetable should prioritize the child’s best interests and current situation. Additionally, plans for transportation expenses may need to be made, especially if there is a significant distance between households or the move crosses state lines.

If you’re a non-custodial parent seeking visiting rights, our Santa Monica, CA, family law office is prepared to work with you as your legal representative while exploring your options. Depending on your preferred course of action, we can advise on paperwork and court filings to ensure your rights and your child’s welfare are always prioritized. Rely on us to handle these intricate legal issues with diligence and skill.

Free Consultation Today

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After a divorce, starting anew in a different location can offer you and your children a fresh beginning, fostering healing. To ensure a smooth transition, involving the other parent in the decision-making process is crucial, allowing for adjustments to the current parenting plan as needed.

Count on one of our Santa Monica parental relocation attorneys at Benefield Law - Family Law Trial Advocates P.C. for guidance, whether you’re the parent organizing the move or the one questioning its legality. Our dedicated staff will thoroughly assess your situation and collaborate to create a relocation plan that meets your requirements while respecting the other party’s visitation rights.

Alternatively, if you wish to contest the planned change, we can assist you in exploring your legal options. Rely on us to provide you with the tools and assistance necessary to navigate any legal issues arising during the relocation process, enabling you to make informed decisions at every step.

Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Parental Relocation attorney.