Child custody agreements are constantly evolving. As parents remarry, change careers, or go back to school, the subject of relocating to another city or state may drastically alter the current arrangement.
At the Baghdaserians Law Group, Inc, we understand your children are your top priority. We help families protect the ones they love and the integrity of their parental relationship. Whether you wish to move away or gain custody to prevent a move, it is important that you speak with a Pasadena parental relocation attorney today. Schedule your initial consultation by clicking here or calling (626) 460-9525.
Parental relocation involves one parent, typically the custodial parent, who wishes to move with their children. In California, a parent may move residences if:
However, if the move involves a change to the child custody agreement, you will need to seek approval to modify your parental agreement.
Stability and continuity are important variables in child custody decisions. The Court also considers how long a child has lived with one parent. If they have lived with the same parent for a substantial amount of time., they may approve the move to uphold stability and continuity.
The most important factor in any parental relocation is the reason for the move. Some of the most common reasons involve:
Career opportunities and remarrying are two of the top reasons custodial parents move a long distance. According to the US Bureau of Census:
If the move will improve the child’s way of life, it is likely the Court will approve. However, every case is different. It is crucial to speak with a Pasadena parental relocation attorney.
Having joint or sole custody of your children will significantly impact a court’s decision for relocation.
In a case where the parents have joint physical custody:
In a case where the one parent has sole physical custody and is trying to move away with the child
The Court will look at the impact moving will have on the child’s and noncustodial parent’s relationship to determine if the proposed move would be detrimental to the child.
For example, suppose one parent has sole custody of two teenage children in high school. The parent will be remarrying and wishes to move in with their new spouse several towns away. The noncustodial parent believes that the move will be detrimental to the children because:
In the above example, it may be in the best interests of both children to have custody transferred to the noncustodial parent due to the detrimental effects of relocating.
In a parental relocation case in California, a child’s own preferences can be an important factor that the court considers when making a decision about whether to allow the relocation. The court will typically consider the child’s age, maturity, and ability to express their preferences when deciding what is in the child’s best interests.
If the child is old enough and able to express their preferences, the court will typically give weight to their wishes. However, the child’s preferences are just one factor that the court will consider, and the court may ultimately decide to grant or deny the relocation request based on other factors as well.
For example, if the child is very young and unable to express their preferences, the court may rely more heavily on other factors, such as the child’s relationship with each parent and the impact of the relocation on the child’s education and well-being.
It is important to note that the court’s primary concern in a parental relocation case is the best interests of the child. Therefore, even if the child expresses a preference to relocate, the court may still decide to deny the request if it determines that the relocation is not in the child’s best interests.
If you are involved in a parental relocation case in California and are concerned about how the court may consider your child’s preferences, it is important to seek the help of a qualified Pasadena parental relocation attorney who can advocate for your rights and interests.
Although there are various arguments to be made regarding the way a parental relocation could possibly be detrimental to a child’s wellbeing in California, it’s also important to understand that moving to a new location with a custodial parent could also benefit a child in some circumstances. Potential benefits of a relocation include:
It is important to note that each child’s situation is unique, and the potential benefits of a parental relocation will depend on the specific circumstances of the case. If you are considering a parental relocation in California and are concerned about how it may impact your child, it is important to seek the help of a qualified attorney who can help you understand your options and advocate for your rights and interests.
When determining whether the parents’ arrangement falls under sole or joint physical custody rules, courts look at the reality of the arrangement rather than a previous order’s terms. For example, a mother who has the child 85% of the time can be seen as the primary physical custodian, even though a judgment can call the arrangement “joint physical custody.”
Furthermore, the Court can use the “best interest of the child” standard in making its initial custody order when there is not already a judgment in place.
Attorney Patrick Baghdaserians is well-versed and experienced in protecting the parent’s relationship with their children. He has successfully argued countless cases in determining that the maintenance or modification of a custodial arrangement was of the utmost best interest to the child(ren).
If you wish to relocate or believe your child custody arrangement needs to be adjusted in light of your former spouse moving, consult a Pasadena parental relocation attorney today. At the Baghdaserians Law Group, Inc, we will work tirelessly to uphold the best interests of you and your children. To schedule your initial consultation today, click here or call (626) 460-9525.
We serve clients throughout California including, but not limited to, those in the following localities: Los Angeles County including Arcadia, Baldwin Park,
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