child relocation – Pasadena Divorce Attorney

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

Is the child stable in the current child custody arrangement
Where is the new location? How far away is it from the remaining parent’s household?
Financial impact (for both parents)
Age of the child
How is the current relationship between the parents and the child?
How is the co-parenting relationship between both parents?
What are the child’s wishes (dependent on the child’s age)?
Are there special accommodations needed for the child? Are they available in the new location?
What’s the reason for the move?
Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away. You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

Divorce Law LA, Esq.

Divorce Law LA

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Pasadena, Ca. 91106

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Original Ruling Upheld

Just a year after Shane and Cecilia Peterson’s divorce, Judge William Gonzalez granted Cecilia to move the two girls the couple share to her birthplace, Sweden. They left just two days before Christmas. Shane appealed the decision to Nevada’s higher court. But the Nevada Supreme Court’s recent ruling affirms Judge Gonzalez’s decision of primary custody and to let the children and mother relocate out of the country.

Hopes of Breaking New Legal Ground

Shane’s lawyer, Bruce Shapiro, hoped to make new law with the case, by making it more difficult for parents with Nevada custody cases to relocate out of the country with their children. Shapiro argued that international moves require additional safeguards and considerations. Shane’s appeal brief stated,“International relocation so fundamentally alters the parent-child relationship that the courts must discard any standard that favors the relocating parent and focus solely upon the best interests of the children.”

Sweden Better for Employment and Quality of Life

Cecilia Peterson’s lawyers argued the relocation “was prompted by her struggles with being employed in the United States.” Her lawyers wrote that, “Cecilia was able to show that the move is likely to improve the quality of life for the children and herself.” The Petersons were married in Sweded, and their oldest daughter was born there.The youngest daughter was born in Las Vegas.

Shane Peterson now lives in Henderson. He pays $1,452 a month in child support, and $375 a month in spousal support. He has not decided if he will appeal further. His daughters visited over the summer.

For advice on child relocation after a divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.