Tinero, Aharonov and Associates Tinero, Aharonov and Associates A Family Law Practice, LLP

Relocation impacts parental relationships with the children

These days, courts here in California are increasingly making decisions that ensure that children have the opportunity to maintain loving relationships with both parents in a divorce. Custody and visitation agreements are designed to achieve that goal. If the custodial parent later decides that relocation is necessary, he or she cannot just move without first obtaining a formal modification of the existing child custody order.

The non-custodial parent is entitled to notice of the proposed move and is also entitled to object. If that parent chooses to do so, it may be necessary to take the matter to court. Both sides will present evidence to support his or her position on the matter. Then, the court will make a determination based on what is in the best interests of the children.

The parties do not necessarily have to go to court, however. Even if both parents agree that the move can occur, that does not mean that they will agree on all of the details. Mediation can help the parties create a new child custody agreement that satisfies both parties. If that occurs, the attorney for each individual can help memorialize a new agreement to be presented to the court.

The most important factor for the custodial parent to remember is that a relocation cannot go forward without a California court's approval. The original order is binding on both parties, and removing the child from the area without modifying it could result in serious consequences for the custodial parent. Furthermore, the non-custodial parent has the right to be heard on the issue.

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Encino, CA 91436

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