Beverly Hills Move-Away Lawyer
If your child’s other parent does not consent or wants to move far away, you may need to petition the court to seek approval to relocate with your child. Contact our Beverly Hills move-away lawyers at Berenji & Associates can help you today at (310) 271-6290.
Generally, a parent can change where a child lives if they let the other parent know about the change – assuming the relocation will not interfere with the current custody and visitation orders. However, this is not always the case.
Our Beverly Hills, California, family law attorneys at Berenji & Associates Family Law Attorneys have over 25 years of combined experience handling family court cases. We have considerable experience handling relocation cases, including complex, disputed move-away petitions.
How Berenji & Associates in Beverly Hills Can Help if You Want To Relocate With Your Child
Move-away cases in Beverly Hills can be challenging to litigate. The court must decide whether the move is in the best interests of the child, and it’s not always clear-cut.
Experience matters when you are fighting to protect your child’s best interests. Our attorneys at Berenji & Associates are highly rated by Super Lawyers. We have a 10.0 Superb rating with Avvo and appear on The National Trial Lawyers Top 100 list.
When you hire our award-winning child custody lawyers in Beverly Hills, you can expect us to:
- Explain child custody laws in California and how they impact your petition for a move-away order
- Work to negotiate a move-away order that gives you what you need while protecting your child
- Gather evidence supporting your position regarding the relocation, including working with experts as needed
- Advocate for your child by presenting compelling legal arguments
- Use effective strategies to obtain the outcome you desire
- Prepare your case for trial and aggressively argue the case before a judge if necessary
Move-away cases require substantial knowledge of California custody laws and the factors courts use to decide child relocation cases. Our Beverly Hills family lawyers will spend the time required to learn about your situation and present a compelling legal argument on your behalf.
Call Berenji & Associates Family Law Attorneys to schedule a free case evaluation with an experienced move-away lawyer in Beverly Hills, CA.
What Are My Rights To Move With My Child in California?
A parent may want or need to relocate with their child for many reasons. Common reasons for moving include:
- Taking a new job or seeking a better environment for employment
- The need to be close to extended family, such as taking care of elderly parents
- The desire to provide better educational opportunities for your child
- Getting married and relocating with your new spouse
- Improving the family’s quality of life
California Family Code §7501 states that a parent with custody of a child has the right to change the child’s residence. However, that right is subject to the court’s power to prevent the move if it would prejudice the child’s welfare or rights. The current custody arrangement has a significant impact on the rights of the parents in a move-away case.
The Court Has Not Determined Custody
If there is no court order pertaining to custody, a judge decides a move-away request based solely on the best interests of the child. The court has broad discretion when deciding what is in the child’s best interests in a move-away case.
The Move-Away Parent Has Sole Physical Custody
A parent with sole physical custody can relocate with the child pursuant to California Family Code §7501. The parent is not obligated to show that the move is necessary, provided they are moving in good faith.
However, the non-moving parent can challenge the move, alleging that it is detrimental to the welfare of the child. The non-moving parent can seek a modification in custody terms based on a substantial change in circumstances. The non-moving parent has the burden of proving that the move justifies a change in custody to protect the child’s best interests.
The Parents Share Joint Custody of Their Child
The parents are on equal footing when they argue their case before the court. Each parent presents evidence supporting their position regarding the move. The court decides whether to grant the relocation request based on what custody arrangement would be in the child’s best interests.
However, if a parent does not exercise their joint physical custody rights, the move-away parent may not be required to prove the necessity of the move. It shifts more of the burden of proving the move would not be in the child’s best interests to the non-moving parent.
Factors Courts Consider When Deciding a Beverly Hills Move-Away Case
California child custody laws seek to ensure a child maintains continuing and frequent contact with both parents. Providing evidence that your move-away request will not interfere with the parent-child relationship of the other parent is essential. Of course, if you are trying to prevent your child from moving away, you need to offer evidence that the move will impair your ability to maintain a close relationship with your child.
When parents disagree, ultimately, a judge decides whether relocating will be detrimental to the child. The court considers several factors in move-away cases, including:
- The impact a move will have on the child’s relationship with the non-moving parent
- A parent’s motives in a move-away case, including the reason the parent desires to relocate the child
- A child’s connections to their community, friends, family, and school
- A child’s current relationship with each parent
- The impact the move has on the child’s educational opportunities
- The child’s age
- The maintenance of a child’s current quality of life and lifestyle
- The distance of the proposed move
- Any harm the move might cause the child
- The presence of extended family and support networks for the moving parent
- The reasonable preferences of the child
- The availability and proximity of specialized services and healthcare, if required, for the child’s physical and mental well-being
- The ability of the non-moving parent to facilitate a close relationship with the child after the relocation
The court only grants relocation requests that do not interfere with or impair a child’s best interests. Each move-away case is decided based on the unique facts and circumstances involved in the situation.
What Steps Can a Parent Take To Improve Their Chance of Success in a Move-Away Case?
If you are filing a move-away petition with the court, your attorney prepares the legal arguments to convince the judge that the move is in your child’s best interests. Strategies your attorney may employ include, but are not limited to:
- Present evidence highlighting the positive aspects of the move, such as moving to a safer location, better educational opportunities, being closer to family members, secure housing, and more
- Address the concerns of the non-moving parent by offering the court reasonable and viable solutions to the potential challenges of relocating with your child
- Demonstrate a willingness to cooperate and be flexible in arrangements with the non-moving parent to preserve their relationship with the child
- Present a co-parenting plan that outlines how you and your child’s other parent can work together to share child-rearing responsibilities even though you are relocating further away from the other parent
- Develop a plan that makes it possible for the non-moving parent to participate in decisions regarding the child, communicate effectively with the child, and continue physical visitation with the child
- Present evidence that the non-moving parent has not shown a willingness to exercise visitation or actively participate in the child’s life
It is essential that you convey your willingness to encourage and foster a close and continuing relationship between your child and their other parent. It might require you to be flexible and willing to take extra steps to ensure your child can access and see their other parent as often as possible.
Schedule a Consultation With Our Beverly Hills Move-Away Lawyers
If you need help relocating with your child, contact Berenji & Associates today. Our Beverly Hills move-away lawyers are some of the most experienced in the area and can help ensure your best case is brought forward.
Contact our law offices today to set up an initial case review.
Relocating with your child can be challenging if you and your child’s other parent are not together. Generally, a parent can change where a child lives if they let the other parent know about the change – assuming the relocation will not interfere with the current custody and visitation orders.
However, if your child’s other parent does not consent or you want to move far away, you may need to file a petition with the court seeking approval for relocating with your child.
Our California family law attorneys at Berenji & Associates Family Law Attorneys have more than 25 years of combined experience handling family court cases. We have considerable experience handling relocation cases, including complex, disputed move-away petitions.
Call Berenji & Associates in Beverly Hills, California, to schedule an initial consultation today.
How Berenji & Associates in Beverly Hills Can Help if You Want To Relocate With Your Child
Move-away cases in Beverly Hills can be challenging to litigate. The court must decide whether the move is in the best interests of the child, and it’s not always clear-cut.
Experience matters when you are fighting to protect your child’s best interests. Our attorneys at Berenji & Associates are highly rated by Super Lawyers. We have a 10.0 Superb rating with Avvo and appear on The National Trial Lawyers Top 100 list.
When you hire our award-winning child custody lawyers in Beverly Hills, you can expect us to:
- Explain child custody laws in California and how they impact your petition for a move-away order
- Work to negotiate a move-away order that gives you what you need while protecting your child
- Gather evidence supporting your position regarding the relocation, including working with experts as needed
- Advocate for your child by presenting compelling legal arguments
- Use effective strategies to obtain the outcome you desire
- Prepare your case for trial and aggressively argue the case before a judge if necessary
Move-away cases require substantial knowledge of California custody laws and the factors courts use to decide child relocation cases. Our Beverly Hills family lawyers will spend the time required to learn about your situation and present a compelling legal argument on your behalf.
Call Berenji & Associates Family Law Attorneys to schedule a free case evaluation with an experienced move-away lawyer in Beverly Hills, CA.
What Are My Rights To Move With My Child in California?
A parent may want or need to relocate with their child for many reasons. Common reasons for moving include:
- Taking a new job or seeking a better environment for employment
- The need to be close to extended family, such as taking care of elderly parents
- The desire to provide better educational opportunities for your child
- Getting married and relocating with your new spouse
- Improving the family’s quality of life
California Family Code §7501 states that a parent with custody of a child has the right to change the child’s residence. However, that right is subject to the court’s power to prevent the move if it would prejudice the child’s welfare or rights. The current custody arrangement has a significant impact on the rights of the parents in a move-away case.
The Court Has Not Determined Custody
If there is no court order pertaining to custody, a judge decides a move-away request based solely on the best interests of the child. The court has broad discretion when deciding what is in the child’s best interests in a move-away case.
The Move-Away Parent Has Sole Physical Custody
A parent with sole physical custody can relocate with the child pursuant to California Family Code §7501. The parent is not obligated to show that the move is necessary, provided they are moving in good faith.
However, the non-moving parent can challenge the move, alleging that it is detrimental to the welfare of the child. The non-moving parent can seek a modification in custody terms based on a substantial change in circumstances. The non-moving parent has the burden of proving that the move justifies a change in custody to protect the child’s best interests.
The Parents Share Joint Custody of Their Child
The parents are on equal footing when they argue their case before the court. Each parent presents evidence supporting their position regarding the move. The court decides whether to grant the relocation request based on what custody arrangement would be in the child’s best interests.
However, if a parent does not exercise their joint physical custody rights, the move-away parent may not be required to prove the necessity of the move. It shifts more of the burden of proving the move would not be in the child’s best interests to the non-moving parent.
Factors Courts Consider When Deciding a Beverly Hills Move-Away Case
California child custody laws seek to ensure a child maintains continuing and frequent contact with both parents. Providing evidence that your move-away request will not interfere with the parent-child relationship of the other parent is essential. Of course, if you are trying to prevent your child from moving away, you need to offer evidence that the move will impair your ability to maintain a close relationship with your child.
When parents disagree, ultimately, a judge decides whether relocating will be detrimental to the child. The court considers several factors in move-away cases, including:
- The impact a move will have on the child’s relationship with the non-moving parent
- A parent’s motives in a move-away case, including the reason the parent desires to relocate the child
- A child’s connections to their community, friends, family, and school
- A child’s current relationship with each parent
- The impact the move has on the child’s educational opportunities
- The child’s age
- The maintenance of a child’s current quality of life and lifestyle
- The distance of the proposed move
- Any harm the move might cause the child
- The presence of extended family and support networks for the moving parent
- The reasonable preferences of the child
- The availability and proximity of specialized services and healthcare, if required, for the child’s physical and mental well-being
- The ability of the non-moving parent to facilitate a close relationship with the child after the relocation
The court only grants relocation requests that do not interfere with or impair a child’s best interests. Each move-away case is decided based on the unique facts and circumstances involved in the situation.
What Steps Can a Parent Take To Improve Their Chance of Success in a Move-Away Case?
If you are filing a move-away petition with the court, your attorney prepares the legal arguments to convince the judge that the move is in your child’s best interests. Strategies your attorney may employ include, but are not limited to:
- Present evidence highlighting the positive aspects of the move, such as moving to a safer location, better educational opportunities, being closer to family members, secure housing, and more
- Address the concerns of the non-moving parent by offering the court reasonable and viable solutions to the potential challenges of relocating with your child
- Demonstrate a willingness to cooperate and be flexible in arrangements with the non-moving parent to preserve their relationship with the child
- Present a co-parenting plan that outlines how you and your child’s other parent can work together to share child-rearing responsibilities even though you are relocating further away from the other parent
- Develop a plan that makes it possible for the non-moving parent to participate in decisions regarding the child, communicate effectively with the child, and continue physical visitation with the child
- Present evidence that the non-moving parent has not shown a willingness to exercise visitation or actively participate in the child’s life
It is essential that you convey your willingness to encourage and foster a close and continuing relationship between your child and their other parent. It might require you to be flexible and willing to take extra steps to ensure your child can access and see their other parent as often as possible.
Schedule a Consultation With Our Beverly Hills Move-Away Lawyers
If you need help relocating with your child, contact Berenji & Associates today at (310) 271-6290. Our Beverly Hills move-away lawyers are some of the most experienced in the area and can help ensure your best case is brought forward.
Contact our law offices today to set up an initial case review.