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Child Custody and Relocation Matters

May 21, 2013

Are you looking to relocate or stop the other parent from relocating? When it comes to move-away orders it is vital that the rights of the parents and the child are protected. After your divorce agreement has been finalized you would think that it is permanently set, however changes and modifications can be made to the court order. One common issue that needs to be revisited in court is the ever-important matter of child custody.

Over time, circumstances change and the lives of the parties evolve to the point where the original court order may no longer be in the best interests of the child. When a parent feels the need to relocate their family in order to embrace a new job opportunity or a new relationship, it is very easy for the parties' emotions to get heightened. Relocation cases can be a major area of contention, which is why it is so important to consult with an experienced Pasadena divorce lawyer to protect your rights and your child's best interests.

Grounds for Modifying a Court Order & Requesting Relocation

When it comes to court orders, you and your ex-spouse cannot agree on formal changes yourselves, they can only be modified by a family law judge. This means that even if your former spouse gives you permission to relocate with the child, you are still required to obtain the approval of the court. In order for the California family court to approve a court order modification, you must be able to prove two things: that either a substantial amount of time has passed or that you have experienced a significant change in circumstances since the original court order.

With relocation petitions in particular, the court will consider several different factors:

  • The parent's motive for relocating

  • The distance apart from the parents' respective residences

  • Whether or not the move would be in the child's best interest

  • How the move will impact the child (either negative or positive)

  • The child's relationship with both parents

  • How active each parent was during the child's upbringing

  • The amount of relatives and family in the new area

  • The new school opportunities

Before requesting approval for relocation or contesting a move-away order, you must first be made aware of your legal rights and understand how they relate in your current situation. Here at the Law Office of Fritzie Galliani we have represented clients who are looking to relocate and we have also helped parents who are looking to prevent their former spouse from moving away with their child.

We have extensive experience in child relocation proceedings and we can help you come to a successful resolution in your case. Our firm has been helping families in Pasadena and throughout Southern California for over 30 years. Contact a Pasadena relocation attorney from our firm today for help with your family law matter.