Parental Relocations / Move Aways
When one parent wants to move away from another parent and take the child with them, the party requesting to move must petition the Court to allow such a move. The Court cannot stop the party from moving, but it may stop the child from being moved.
In recent years, the law relating to parental relocation issues, often referred to as move-aways, has constantly been changing. However, one point of law that never changes is that the Court must weigh all the factors and make a decision that is in the best interests of the child.
The Court weighs many factors when considering a parent’s requests for permission to move away with the child. Some of those factors are listed below:
- Strength of existing custodial relationships and degree to which parenting is shared
- Distance of move
- Ages of children
- Relationship between parents
- Ability to communicate and cooperate with each other in matters related to the children
- Preference of the children
It continues to be particularly important that parents and their children be able to move to escape family violence or severe economic hardship.
We Can Represent Either Parent In Relocation Cases
At Cullen Family Law Group, we help parents requesting to move and those trying to prevent their child from being relocated.
For those parents with primary custody, we can assist with the legal procedures necessary to relocate the minor child from the Riverside and San Bernardino areas.
We also represent parents with secondary custody who oppose the child being relocated outside Riverside or San Bernardino County. In many cases, the reason for opposition is complex, involving the cost of continuing visitation and the probability that the relationship with the parent will experience interruption. We help parents maintain contact with their children by helping them oppose a relocation petition.
In some cases, when a parent is allowed to relocate with the minor child, the cost associated with traveling to maintain the visitation schedule warrants an adjustment of the amount of child support paid. We calculate this for clients and submit a request to modify child support with the request or objection to relocate with the minor child.
Because each case is different, we try to determine what is best for the children and recommend that approach to parents. We are technologically adept, using email, fax, and scanners to keep our out-of-town clients up to date about the progress of their matter.
For more information about parental relocation and how it might affect you, contact one of the attorneys at our Riverside law firm, Cullen Family Law Group. We have a second law office location in Temecula.