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CALIFORNIA MOVE-AWAY CASE LAWYERS

Helping Address
Relocation
In California

CALIFORNIA MOVE-AWAY CASE LAWYERS

Helping Address
Relocation
In California

MOVE-AWAY CASE ATTORNEYS
IN CALIFORNIA

Modern Family Law's move-away case lawyers in California specialize in assisting parents with all matters of relocation. Our lawyers can help California parents navigate the legal process involved in obtaining permission to relocate "move-away", as well as represent them in court if necessary. Our attorneys have extensive experience in move-away cases and are well-versed in the state laws and regulations.

We understand how overwhelming it can be to navigate the complex legal process involved in relocating with a child. Moving with a child can be a difficult and emotional process and we are here to guide you through every step of the way. We will work with you to understand your situation and develop a strategy that is tailored to your specific needs. Learn about move-away cases in California including:

Colorado child relocation lawyers

Our experienced California child custody attorneys understand that no case is the same. We encourage you to reach out and share the details of your case with them so they can provide you with the guidance you need. Whether you are seeking to move with your child to a new location or you are trying to prevent the other parent from relocating with your child, our attorneys have the experience to help. With our assistance, you can rest assured that your child relocation case will be handled professionally and efficiently.

WHAT IS A
MOVE-AWAY CASE IN CALIFORNIA?

In California, move-away cases are complex legal disputes that require parents to seek the assistance of a family law attorney with expertise in child custody cases. When a parent with joint or sole custody of their child decides to relocate to a new location that would disrupt the current custodial arrangement, the other parent may oppose the move, leading to a dispute over custody and visitation rights.

The parent who wishes to move must provide a valid reason for the relocation, such as a new job opportunity, a need to be closer to family or medical care, or other compelling circumstances. The other parent may argue that the move is not in the child's best interests, citing factors such as the distance between the child and the non-relocating parent, the impact of the move on the child's education, social life, or relationship with the non-relocating parent, and other relevant considerations.

In a move-away case, the court is tasked with deciding whether to grant or deny the parent's request to relocate with the child. The court's primary focus is always the best interests of the child, and it may consider various factors, including the child's age, the child's relationship with both parents, the reasons for the move, the proposed visitation plan, and other factors relevant to the child's welfare.

child relocation statistics

Ultimately, the court will make a decision based on the specific circumstances of the case. The outcome of the case may be a modification of the existing custody order to reflect the new arrangement or a denial of the move-away request. It is important for parents involved in move-away cases to have the guidance and representation of an experienced attorney to navigate the legal process and protect their rights and interests, as well as their child's well-being.

HOW ARE MOVE-AWAY CASES
DECIDED IN CALIFORNIA?

The court process for move-away cases in California typically involves several stages. The first step is for the parent seeking to relocate with their child to file a request with the court, giving notice to the other parent and providing a valid reason for the proposed move. The other parent then has the opportunity to object to the move and to present evidence in support of their opposition.

If the parties are unable to reach an agreement, the court may order mediation to assist in resolving the dispute. Mediation can be an effective way to help the parties reach a mutually acceptable agreement without the need for a lengthy court battle. During mediation, a neutral third party helps the parties work through their differences and develop a plan that is in the best interests of the child.

If mediation is unsuccessful, the case may proceed to a court hearing. At the hearing, the court will evaluate the evidence presented by both sides and make a decision based on the best interests of the child. The court's decision may include modifying the existing custody and visitation orders to accommodate the proposed move or denying the move-away request altogether.

In move-away cases, common outcomes may include granting the relocation request and modifying the existing custody and visitation orders to accommodate the move, denying the relocation request and maintaining the existing custody and visitation orders, or ordering a compromise solution that allows the child to maintain a relationship with both parents while still accommodating the proposed move.

child relocation attorneys in Colorado

It is important for parents involved in move-away cases to work with an experienced family law attorney who can guide them through the legal process and protect their rights and interests. With the assistance of a skilled attorney, parents can increase their chances of achieving a favorable outcome in their move-away case.

WHAT OUR CLIENTS SAY ABOUT OUR
EXPERIENCED CHILD RELOCATION LAWYERS IN CALIFORNIA

David SandersDavid Sanders
21:37 21 Jun 22
Yes I want to thank all the staff at modern family law for all there hard work through this process I went through to win my case it was long but in long run I came out better with results then if I tried to do this on my own. I want to personally thank Chelsea Hillman And Patricia Wallace they went above and beyond to get me through all of this learning experience. I recommend them them personally and there staff to get you results. Thank you for your hard and dedication is this matter and I will be using you soon again into this matter as it's still a ongoing process.
Ceceilia ReedyCeceilia Reedy
17:04 14 Jun 22
Cynthia and her team are great! I hired Cynthia a week before my hearing and she made sure that she was prepared, up to date and knowledgeable about my case and handled everything in time for my hearing with very little time. Also she reached out with everything and responded quickly. She made sure that my concerns, my position and evidence were heard and having her at this hearing made all the difference for me. I’m happy I went with Modern Family Law and Cynthia, this has been mentally and emotionally draining for me to go through and as soon as Cynthia came abroad I was able to be relived of that and knew I was in good hands. My hearing went in my favor and I believe it’s because I had Cynthia. Now I can get back to my life and focus on other things and I’m just so grateful for Cynthia and her teams help.
Gina WarnerGina Warner
18:02 19 May 22
Brian Litzinger with Modern Family Law and I have been working together for about 4 years. He did an amazing job for me as I was going through a very difficult long custody battle for my Daughter. He helped keep me sane and is very kind and compassionate and understanding. He is the best attorney I have ever worked with and I highly recommend him. Oh, and I now have full custody of my Daughter.
Benji KelsoBenji Kelso
15:10 13 Apr 22
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Devin RoybalDevin Roybal
18:53 01 Dec 21
Cynthia was absolutely amazing. We’ve been working together over the past year. She treated me with respect and professionalism. She would always get back to me in a timely manner and really believed in me. I couldn’t be more thankful for the things she did for me and showed me.I would recommend her to anyone. 5 stars all around. Thank you!!!!
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FREQUENTLY ASKED QUESTIONS ABOUT
CHILD RELOCATION IN COLORADO

Can A Parent Move Away With Their Child Without Permission From The Other Parent?

In California, both parents have legal custody rights to their children, and neither parent can remove a child from the state or move a significant distance away from the other parent without the other parent’s consent or a court order allowing the move.

 

If a parent moves away with their child without the other parent’s consent or a court order, it can be considered parental kidnapping, which is a serious offense that can result in legal consequences. The parent who has not given consent to the move can file an emergency motion with the court to request the return of the child, and the court can order the child to be returned to the other parent’s custody.

 

Overall, parents must obtain either the other parent’s consent or a court order before they can move away with their child, and failure to do so can result in serious legal consequences.

What Can A Non-Moving Parent Do If They Oppose The Move?

When a parent requests permission to move away with their child, the non-moving parent can object to the move by filing a formal objection with the court. The objection must be filed in the same court where the original custody order was issued, and it must be filed within a certain timeframe, usually within 30 days after receiving notice of the proposed move.

 

Once an objection is filed, the court will schedule a hearing to determine whether the move is in the best interests of the child. At the hearing, both parents will have the opportunity to present evidence and arguments supporting their position on the move. The non-moving parent can present evidence showing why the move would not be in the child’s best interests, such as the impact it may have on the child’s relationship with the non-moving parent, their schooling or medical care, or their overall quality of life.

 

The court will consider all of the evidence presented and make a decision based on what it determines to be in the best interests of the child. If the court determines that the move would not be in the child’s best interests, it can deny the request to move or modify the custody order to reflect the new circumstances.

What Happens If A Parent Moves Away With Their Child Without Permission?

If a parent moves away with their child without obtaining the other parent’s consent or a court order allowing the move, they may be held in contempt of court. Contempt of court is a legal term that refers to a person’s failure to comply with a court order. In the context of a move-away case, a parent who moves away without permission would be violating the court’s custody order.

 

If a parent is found to be in contempt of court, they could face a variety of penalties, including fines, community service, or even jail time. In addition, the court could order the parent to return the child to the non-moving parent’s custody.

 

It’s important to note that the penalties for contempt of court can vary depending on the specific circumstances of the case, and they may be more severe for repeat offenders. In some cases, the court may also require the offending parent to pay the other parent’s legal fees and other expenses related to the case.

 

Overall, it’s crucial for parents to obtain either the other parent’s consent or a court order before moving away with their child. Failure to do so can result in serious legal consequences, including potential fines, jail time, and a significant impact on the parent-child relationship.

OUR CALIFORNIA CHILD CUSTODY LOCATIONS

OAKLAND
CHILD CUSTODY LAWYERS


1 Kaiser Plaza Suite 401,
Oakland, CA 94612

(510) 621-5680

SAN JOSE
CHILD CUSTODY LAWYERS


3031 Tisch Way, 110 Plaza West,
San Jose, CA 95128

(408) 478-9328

PALO ALTO
CHILD CUSTODY LAWYERS


3000 El Camino Real Bldg 4, Suite 200,
Palo Alto, CA 94306

(650) 249-2970

CONTACT US


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If you have contacted us during our regular business hours give us a call to speak with us now. If you have contacted us after hours or on the weekend you can expect us to reach out on the morning of our next available business day. Thank you for your interest!