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San Bernardino Lawyers for Relocation & Child Custody Cases

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Relocation is a child custody case where the custodial parent decides to “move-away” from the other parent. However, just moving to another location will not necessarily mean that the current child custody agreement needs to be re-evaluated. In order for a relocation to be considered a “move-away” case, the relocation must also cause some sort of disruption to the current custody arrangement that makes visiting the child difficult on the other parent. Accordingly, the relevant consideration is not how far the parent is moving, but whether or not the move will disrupt the child’s visitation rights with the non-custodial parent to such a degree that the move becomes detrimental to the child.

Even a move of only 40 miles can be considered a move-away case if it disrupts the current child custody agreement.

If you are planning to relocate or the other parent is relocating with your child, you should speak with a knowledgeable San Bernardino relocation attorney as soon as possible. At the Law Office of Michael R. Young, we can help you determine what legal steps you need to take to ensure that your custody arrangement is handled accordingly. With more than 50 years of collective experience in handling family law cases, our AV® rated lawyers can guide you through this process. 

Call the Law Office of Michael R. Young at (909) 315-4588 to set up a consultation!

Do I Have to Notify Anyone If I Want to Move?

When one parent decides to move away with a child, he / she may be required to file a notice with the court for new custody orders. However, the exact type of notice and proceedings you need to follow will depend on the type of child custody agreement you currently have. Generally, parents who do not have a custody order or the custody order is temporary must seek permission from the court.

If both parents are in agreement, it is less likely that you will need court permission to relocate. Under California law, the court is entitled to include instructions in the final custody order that require the custodial parent to provide notice of an intended move to the non-custodial parent if the move is expected to last for more than 30 days. You should review your child custody agreement to check for any court orders or requirements. Additionally, when supplying notice of an intended move, you should also send a copy of the notice to the non-custodial parent’s attorney. Preferably, notification should be given at least 45 days prior to the move so that any potential legal difficulties can be addressed.

What If My Custody Agreement Is Only Temporary?

The law applies a different legal standard to temporary custody orders then it does to permanent custody orders. Generally speaking, when a custody order is only temporary, the court will determine whether the move is in the best interest of the child. Under this standard, the court will look to what is best for the child’s health, safety, and welfare. However, when a custody order is already finalized the court may require the contesting parent to seek a modification in the child custody agreement.

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Let a San Bernardino Attorney Help! Call (909) 315-4588.

Move-away cases are extremely complicated and dependent on numerous factors. If you are planning to relocate or if the other parent is planning to relocate with your child, it is extremely important that you discuss the facts of your specific situation with an attorney knowledgeable in California’s child custody laws. At the Law Office of Michael R. Young, our San Bernardino relocation lawyers are rated 10/10 by Avvo and AV® rated by Martindale-Hubbell®, a prestigious rating organization. With over fifty years of combined experience, our firm can help you navigate whatever situation you face.

Begin with a case evaluation! Call (909) 315-4588 to speak to our firm today.

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