Helping You Work Through Relocation Situations In Divorce
A move-away/relocation situation occurs when one parent intends to move with the child/children from the current residence to a different city, county or a different state. Regardless of which side of a relocation you are on, an attorney can help defend your rights.
At the Law Offices of Steven A. Dinneen P.C., our California attorneys have more than 25 years of combined experience. We devote ourselves to practicing only family law to ensure we are providing you with the best possible service and legal representation. We are committed to helping individuals and families through these difficult times by providing knowledgeable and focused guidance.
Experienced Firsthand Knowledge To Represent You
In these types of cases, a court’s ruling on this issue can have a profound impact on both parents and the child. The parent who intends to move considers the move as the beginning of a new life. The other parent views the move as a threat to his/her parenthood due to the distance and the financial burden that he/she will have to deal with in order to maintain the parental relationship with his/her child.
In the 2004 case of Marriage of LaMusga, the California Supreme Court laid out eight primary factors that a court should consider when deciding whether to modify a custody order in light of the custodial parent’s proposal to change the residence of the child. These factors are as follows:
- The children’s instability and continuity in the custodial arrangement
- The distance of the move
- The age of the children
- The children’s relationship with both parents
- The relationship between the parents, including but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests
- The wishes of the children if they are mature enough for such an inquiry to be made
- Reasons for the proposed move
- The extent to which the parents currently are sharing custody
We can review your case to help prove or deny these factors, depending on your stance in your move-away case.
Begin Your Move-Away Case With Confidence
Each move-away case is decided on a case-by-case basis, with the courts looking at the particular circumstances of each family. If you are thinking of initiating a move-away case, either as the parent moving or the parent staying behind and objecting to the move, you should consult an experienced family law attorney who will develop a comprehensive and effective legal strategy to help you achieve your goals.
Contact our San Jose office by calling 408-645-0011 or email us here. We offer free 30-minute initial consultations to help our clients understand what we can do for them. Act today and see for yourself what we can do for you.