Relocation of Children

After a divorce, many changes occur, one being moving to another location. There might be better opportunities in a new city, or a parent might be relocated for a job opportunity. Whatever the reason, a custodial parent is required to give notice to the non-custodial parent when they wish to relocate minor children to a new location. Once the notice has been given, the non-custodial parent has 30 days to object. If the non-custodial parent chooses to object, the objection must be filed to the court and served to the custodial parent.

When disagreement occurs regarding child relocation, the court will grant or deny the petition to move. A judge will determine the intentions of the parents by considering the following factors:

  • How the move will affect the child?
  • Will living or educational situations improve?
  • Will the income of custodial parent improve?
  • Will any special needs of your child improve?

The court will decide if relocating is in the best interest of the child based on the above factors, among others. If the court grants relocation, it will also revise visitation and create a visitation that adheres to the changes. Most likely, the non-custodial parent will have visitation time during the holidays and during the summer. A family law attorney at the California Family Law Attorney Group will prepare a visitation plan to present to the court that benefits you and your child.

Whether you are a custodial parent with intent to relocate or the non-custodial parent who wants to take action, it is imperative that you follow the legal procedures carefully. In either case, contact an attorney at the California Family Law Attorney Group to assist you in the process. Our experienced attorneys will counsel you on your child relocation dispute. Our goal is to protect your rights as a parent and to maintain your relationship with your child.