What Happens When Parents Want To Relocate?
Moving Out Of California
One parent cannot move away with his or her child without the consent of the other parent. If the other parent will not give consent, the parent who plans to move away needs to petition the court to obtain a court order to relocate with the child. Courts are very concerned with the potential negative impact to the relationship between the child and the parent who is left behind, making these matters extremely emotional and complex. At the Law Office of Michael L. Seidman, our more than 35 years of experience allows us to handle these challenging cases.
The Reason for Moving Plays a Role
The courts require good reason for the move before granting a relocation request. If they believe that one parent is moving solely to spite the other parent, they will consider it a bad faith move and quickly deny the request. However, if the move is being requested because the parent wants to return to their home state after a divorce to be closer to the rest of his or her family, or if it is being requested because of a beneficial employment related move, the court may grant the request because of the positive impact it could have on the child.
Both Parents Have Rights
The court will not allow a parental move away/child move away without first establishing visitation arrangements for the parent who is being left behind. Obviously, the traditional visitation arrangements will not apply when a child is being moved out of state or out of the country. Arrangements will need to be made that incorporate the costs of airfare and other unique factors. Our lawyers are skilled at negotiating visitation arrangements that are in the best interests of the child.