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

* Ellen Friedman Tinero has retired from the firm


Relocation could be a challenge after a divorce

Parents' rights to have access to their children are protected in the state of California. Relocation with the children is not an automatic right for the custodial parent or a parent that currently shares joint physical custody. Therefore, if the parent with whom the children are living wants to move away from the area, any existing child custody order would need to be modified.

If the move would alter the visitation rights of the other parent, it will be necessary to have the court modify the existing order. Even if the parents come to an agreement on their own, it will need to be approved by the court before the move can actually take place. California parents have a number of options when attempting to obtain the right to move away with the children.

If possible, the parties can negotiate their own agreement with their lawyers. If the parties are still amicable, but are unable to agree to terms on their own, mediation could be an option that would allow the parties to avoid litigation. However, it might be necessary to involve the court in some cases, which means that both sides will need to present their arguments to the court so that a decision that is in the best interests of the children can be made. In any case, court approval is required.

The existing order is legally binding. If the parents and/or the court determine that relocation is in the children's best interests, then the current child custody order can be modified accordingly. If you want to move your children to another area of the state -- or to another state entirely -- it would not be in your best interest to do so without consulting with an attorney first.

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Tinero, Aharonov and Associates
16255 Ventura Boulevard, Suite 1015
Encino, CA 91436

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Encino Family Law Office

* Ellen Friedman Tinero has retired from the firm