Parent relocation occurs when one parent, typically the parent with primary sole custody, wants to move their child to a new residence outside of their current city, county, state, or country. One parent cannot move away with the child without the consent of the other parent. If the other parent will not give consent, the parent who seeks to relocate must petition the court to obtain a court order to relocate with the child. Parent relocation is one of the most complex of family law cases, and it is highly advised you speak with an experienced Kern County family law lawyer to protect your rights.
California Family Code 7501 provides that a parent with primary physical custody has the right to relocate. However, family law courts are concerned with the potential negative impact the move may have on the relationship between the child and the parent who is left behind. Family law judges have wide discretion to deny parent relocation requests if the relocation prejudices the rights and welfare of the child. Recent California Supreme Court rulings, coupled with California Family Law Code 7501, make relocation very difficult for a custodial parent to move with the child. Each case is determined by a case by case approach, meaning that many factors will be considered before granting your petition.
Courts also require a good reason for the parental relocation. If your family law judge suspects the parental relocation petition was made to spite the other parent, they will consider this a bad faith move and quickly deny the petition. However, if the parental relocation petition is due to a potentially positive impact on the child, such as the custodial parent wanting to make a beneficial employment move, the court may grant this request.
Parental relocation also involves establishing new visitation arrangements. The court will not grant a child move away case without implementing a new visitation schedule. Incorporating associated costs of child visitation, such as airfare and other unique factors, are important to consider for your case. Our experienced Bakersfield family law lawyers are experienced in negotiation terms in child visitation arrangements to ensure we protect your rights and your family.
Contact An Experienced Kern County Family Law Lawyer
For comprehensive representation in any Parent Relocation and Visitation Rights matter, call Azemika & Azemika Law. We will fight for and protect you and your family during the separation and divorce process. Contact us today online or by phone 661-322-8166 to arrange an initial consultation with our attorneys.
FAQs About Parent Relocation
First, you or your spouse must be a resident of California for at least six months, and be a resident of the county you’re filing in three months in the county you’re filing in, before filing a dissolution of marriage. Once you file for divorce and serve the divorce petition to your spouse, you will have to wait about six months for your divorce to finalize.
Any property that qualifies as community property will be divided between both parties. However, any property that a spouse acquired before marriage or domestic partnership is considered separate property, and legally belongs to that spouse. Sometimes, these two can become intertwined, or commingled. With acute attention to detail, our divorce attorneys can help you sort out and protect your financial assets.
There are a variety of factors that the court must take in before deciding if spousal support should be awarded. Some factors include a spouse’s earning capacity, spouse’s standard of living established during marriage, age and health of the spouse, and whether there are children to support as well. A qualified attorney can help answer these questions for you in-depth and protect your interests.
In custody cases, the court does not let the child choose whom he or she lives with. The court may take the child’s wishes into consideration if the child is “of sufficient age and capacity to reason.” If willing, children aged 14 and older may express their opinions concerning child custody, but the court is not required to follow their wishes.