After a divorce or separation, a parent may want to move away with his or her child. However, before this can be done, both parents must consent to this move. If there’s discord between the parents and one disapproves, a move away request must be made. When approved, a move away request allows a child to be moved out of state or country. This allows you to bring your child with you when you move. Yet, if you’re on the other side of the situation, you may feel concerned that your parental rights to see your children are being taken away. No matter where you stand, a family law attorney can fight for your rights, so you are not undermined and the best interests of your child are protected as the move away is considered.
When it comes to move away requests, there are many factors you should be aware of that may affect your standing and your preexisting court-ordered arrangement. The parent with permanent full physical custody of the child, or the custodial parent, typically has a lower burden to meet when making a move away request This can benefit the child, who may have a closer bond with this parent, but is difficult for the other parent, whose parenting time may now be severely limited.
The process for parents who share joint physical custody is typically more complicated. Both parents must consent to the request and there are extensive court processes available to protect the rights of both parents and the child, including a contested court trial. If the non-custodial parent rejects, he or she must prove that the arrangement is not beneficial to the child. Furthermore, the child’s own preferences (depending on age) and situation will be considered as well. It is not simply up to the parents alone: the child, as the subject in question, will likely be the one most affected by the new arrangements
A court will analyze your situation to determine whether or not to grant the move away request. The following are a few factors that impact the court’s decision:
Whether you’d like to move away with your child or contest your ex-partner’s request, a family law attorney can help you through the process. Our law firm has handled matters related to move away requests and may be able to help you during this difficult transition as well. Contact us today to schedule a consultation.
If you are looking to file a move away request or contest your ex-partner’s request, our family law attorneys can help. We serve clients across Monterey, Santa Cruz, San Benito, Santa Clara, and Alameda counties and help them with their family law issues. Schedule a consultation today.
When I first started the bankruptcy process it was very scary and stressful but thanks to Patricia and Monica they made the process better. When we had our first meeting with Patricia all my doubts and fear went away because she explained everything and answer all of our questions. Monica is very detailed and made sure we had everything in order. Patricia made sure we were ready for the day of the hearing and I'm very glad she did because it made it less stressful and we knew what to expect. I'm so glad that Monica was very detailed because..
Thank you for your time and help. Your team is the best.
If you have decided a divorce is the best route for you, I highly recommend working with Levi and his team. Calm and collected, Levi will guide you through the process. His goal is to work strategically and methodically to get you the best outcome. He does not rush you into options or to settle on things you are unsure or uncomfortable with. He also does not drag out the process any longer than it needs to be. His support team (call scheduling, payment) are responsive and helpful.
This law firm made sure they got every single detail to my case. You could tell they truly care about their clients and doing everything they can to win your case. Truly professional and caring people!
Patricia has been so helpful and provided excellent service. My husband and I are so grateful for all the help she has provided to help me immigrate to the United States. We really could not have gotten through it without her help. A big thank you to Patricia\'s assistant, Ingrid as well for always being prompt with responses and helping us get all the paperwork ready at each stage. I highly recommend Patricia for anyone who needs immigration help.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
How did we do?
Note: Your review may be shared publicly.