Home » Women's Interest Articles » Changing a Child's Residence under California Law
Changing a Child's Residence under California Law
For military families, deployment and relocation orders are always on the horizon. Some believe that once the military issues a relocation order, the children must move as well, but hat is not always true. Learn more about the factors courts consider before allowing children to relocate.
July 28, 2011 /Womens Interest PR News/ -- For military families, deployment and relocation orders are always on the horizon. These possibilities make things complicated for divorcing parties who have children. Many people believe that once the military issues a relocation order, the children must move as well. However, that is not always true. State law requires that the relocation of children must be approved by the court, unless the parties agree. Essentially, if you move more than 100 miles away from your current residence, or outside of the state, certain factors must be satisfied before the court will allow children to move. As such, the military may determine where you are stationed, but California law determines whether you may leave with your children.
A relocating party may seek court approval for a move by filing a motion. Notice of the motion should be sent to the other parent within 45 days (at minimum) before the proposed move to allow the other parent enough time to file an objection and to be heard by the court. The court will consider a number of factors related to what is in the best interests of the child, including:
- Each parent's reasons for seeking (or opposing) the move
- The quality of the child's relationship with each parent
- The impact of the move on the child's future contact with the non-custodial parent
- Whether the move would enhance the parent's (and the child's) quality of life, financially and emotionally
- The children's ages, their preferences (if old enough to express one) and how the move may affect them
- The relative distance of the move
Relocation cases are inherently difficult because they involve situations where both parents mean well, and have great relationships with their children. However, if the move puts considerable strains on the children, a court may be inclined to deny the move. Relocation cases are considerably fact-intensive. As such, it is critical to consider all the aspects that could be used in the court's decision.
If you have been given relocation orders, or will be significantly affected by them, an attorney can advise you of your rights and options.
Article provided by Anthony C. Starks Law Office
Visit us at www.anthonystarkslaw.com
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