San Jose Relocation Attorney
After a divorce, many people seek a fresh start. This often means moving out of the city, county, or even the state. While California law does not outright prohibit relocation, there are some things to consider – mainly, the effect on any children.
In California, parental relocation is governed by child custody laws. When minor children are involved in a divorce, the court wants to make decisions that are in the best interest of the children. The well-being of a child will always be a more compelling factor than what the parent wants. This means that if it’s possible the parent/child bond will be weakened by relocation, the court may not allow the move.
Parents who want to move may be stuck in a predicament. Will the move benefit their children? If not, then it may be better to remain in place and work out a better parenting agreement. However, if the move would greatly improve the lives of the parent and the child, it may be a good idea to go to court and fight for the right to relocate.
Have questions about relocation? Seek help from a San Jose relocation attorney from Foster Hsu, LLP.
What to Know About Relocation
Want to move with your children after a divorce? Here are some things to consider:
- Child custody and visitation. If you have children and you’re planning to relocate, you’ll need to address custody and visitation arrangements. Any proposed relocation will need to consider how it will affect the child’s relationship with the non-custodial parent.
- Court approval. You cannot simply pack up and move. If the relocation impacts the current custody or visitation arrangements, you’ll need court approval. This involves filing a request with the court and providing notice to the other parent.
- Notice requirements. California law has specific notice requirements for relocation. Generally, you must provide written notice to the other parent at least 45 days before the proposed move if the move is over 50 miles away.
- Modification of custody orders. Relocation may require modification of existing custody orders. This process involves petitioning the court for a modification and demonstrating a significant change in circumstances.
- Legal assistance. Consider consulting with a family law attorney who specializes in divorce and custody matters. They can provide guidance on the legal requirements for relocation and help you navigate the process.
- Parenting plan. If you’re able to reach an agreement with the other parent regarding the relocation and any changes to custody or visitation, you can create a parenting plan outlining the new arrangements. This plan can then be submitted to the court for approval.
Contact Foster Hsu, LLP Today
Sometimes divorced parents need to move to pursue beneficial opportunities. They may have a new job, want to be near family, or want to move somewhere with a lower cost of living.
Are you considering a relocation? Are you a parent trying to fight it? Contact the team at Foster Hsu, LLP and we’ll answer your questions. Discuss your case with a San Jose relocation attorney. Fill out the online form or call 408-841-7200.
