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The Benefits of Hiring a Child Relocation Attorney
If you are a custodial parent under an existing custody agreement, you don’t have the automatic right to move away with your child. If the other parent has visitation rights, you will need to petition the court for permission before making plans to move elsewhere. A child relocation attorney can help to make this process less intimidating, and can help you improve your chances of being granted permission to move.
When you ask the court for permission to move with your child, there are several factors that will affect the likelihood of a positive outcome. First, there are the reasons why you are considering a move. Is there a new job opportunity? Are you moving to be closer to family? Have you been transferred by your employer? Are you facing a military deployment? These reasons will be weighed more heavily than if you’re just looking for a change or are pursuing a relationship with someone new. Before you move your child away from the other parent, the court will want to know that you have a very good reason.
Another factor the court will examine is whether there are benefits to your child as a result of the move. If your move will provide access to a better school, for example, this may weigh in your favor. Other favorable reasons for a move may include protecting your child’s health – for example, if there is a medical condition that can best be treated by doctors elsewhere – or moving to be closer to your child’s extended family.
You will need to consider the impact of your move on the child’s relationship with and access to the other parent. Will you still be within driving distance, or will extended travel be necessary for visitation to take place? What visitation options will be available to the other parent, and how difficult will it be to exercise them?
If you are the noncustodial parent in this situation, a child relocation attorney can help you protect your right to see your child. You will have to assert your rights in court and make an argument as to why you need the court to protect your existing arrangement. In weighing your case, the judge will consider how involved you have been with your child in the past, how much of a barrier the move creates to of your ability to have access to visitation, and whether alternate options could be established in order to compensate for the time you may lose as a result of the move.
To learn more about a child relocation attorney in Newport Beach and how they can help you protect your interests as well as your child’s interests, visit this website.
Paul advises people on divorce and family law matters. You can find his thoughts at divorce help blog on Storify.
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