As a parent with joint physical custody of your child, a much-needed move can make things difficult for your children and their custody plan. If you are moving down the block to a new home or across your school district, your move most likely will not cause harm to your child’s relationship with their other parent. However, if the move will make your child’s other parent unable to meet your child custody agreement, you will need to seek court approval for your move if your children join you. Our Murrieta child custody attorney shares what parents should know about relocation.
What Is A Move-Away?
A move-away, also known as relocation, is when a parent with sole or majority custody of their child moves away from their current home. If the move is believed to harm the relationship between the child and the non-moving parent, the moving parent will need to seek a move-away order from the court. While there is no set distance standard, the courts typically use a 50-mile guideline for what may require a change to the custody agreement.
How Do I Start the Move-Away Process?
If you wish to move from your current residence by more than 50 miles or a distance that would make your current custody arrangement not feasible, you will need to begin the relocation process. The first step for relocation is to find a relocation attorney, who can help you build a strong case for relocation.
In your petition for relocation, you will need to address:
- Why you are relocating,
- Why the relocation is in the child’s best interests,
- Any changes that may need to be made to the child custody agreement,
- The address of where the child will live,
- The names and identifying information of those who will live in the residence with the child,
- Where the child will attend school, and
- Any other relevant information to the move.
You will then need to send written notice of the relocation to the child’s other parent at least 45 days before the proposed moving date. If the other parent objects to your notice, then you will need to present to the court why you wish to relocate and why the relocation can benefit the child. The other parent will also need to present why they believe the relocation is not in the child’s best interests and the court will then determine if the relocation is approved. If the relocation is approved, the custody plan may need to be modified.
Law Offices of Michael D. Iverson, APC Relocation Attorney
Moving can bring new opportunities for your family as you seek new employment, move closer to the ones you love, or seek new educational or extracurricular opportunities for your children. If you share custody of your children and wish to relocate, the process may seem difficult and complicated, but with the guidance of our relocation attorney at Law Offices of Michael D. Iverson, APC, your family can prepare for their next home.
Are you planning to relocate with your child? Schedule a consultation with our attorney by calling (951) 418-2770 or filling out our online contact form to learn more about how we can help your family begin their next chapter.