We Provide Assertive Legal Representation In Relocation Matters

When a parent who shares custody of a child wants to move far enough away that it will disrupt the current custodial arrangement, one parent must petition the court for a modification to the existing custody order. The custodial parent can request to move away with the child or the noncustodial parent can request to become the custodial parent so the child can stay.

A relocation request such as this is often referred to as a "move-away case." If the parents cannot reach agreement on the matter amicably, the court will rule whether the child is allowed to move. The Law Offices of Victoria S. Linder, PC, in Sacramento, represents parents in the Central Valley and throughout Northern California in move-away cases.

How Move-Away Cases Are Decided

We understand the emotions involved in these cases and will work closely with you to achieve your objectives. Before the court gets involved, both parents are required to attend mediation and attempt to resolve the matter without litigating. As your lawyer, we can guide you through the mediation process and ensure that your rights are protected as we search together for a solution.

If an agreement cannot be reached, the court will review the matter and determine what is in the best interest of the child. A parent with sole custody will be able to move away with a child unless the noncustodial parent can show that moving will be detrimental to the child. If the parents share custody, the court will hold an evidentiary hearing in order to review a number of factors before determining whether a parent can move away with a child.

During this hearing, the court may hear testimony from the parents, child custody evaluators, child psychologists, teachers, coaches and others who can provide insight into what is in the best interests of the child. A child who is 14 years old or older also may testify if he or she wishes to unless the court determines it is not in the best interests of the child to do so. In some cases, the court will allow a child younger than 14 to testify.

Factors The Court Considers

The court considers a number of factors in move-away cases, including:

  • How much time the child spends with each parent under the current custody arrangement
  • The child's relationship with each parent
  • The reason for the move
  • How far the relocating child wants to move
  • The child's current social situation in school and through participation in other community activities
  • Whether both parents will foster a healthy relationship with the child's other parent
  • The child's wishes if he or she is deemed to be sufficiently mature to have a well-reasoned preference

Get A Sense Of Where You Stand

Our experienced family law attorney welcomes the opportunity to review your parental relocation situation and provide a candid assessment of what you can expect. Contact us online or call 916-905-4805 to schedule a consultation in which we can answer your questions and recommend an effective course of action.