Child Relocation in Los Angeles

Child Relocation in Los Angeles: Your Guide to Navigating the Process with Duncan Family Law

When it comes to family law, understanding the nuances of child relocation can seem daunting. At Duncan Family Law, our team of Child Relocation Lawyers in Los Angeles is well-equipped to assist you. We specialize in handling cases involving changes in child residency following a divorce, with a focus on securing court approvals for interstate or local moves. Let us help you navigate the complex laws around child relocation across all 50 states.

Understanding When Court Authorization is Necessary

Child relocation following a divorce can’t happen without legal authorization. Typically, court approval is required in three scenarios:

1. Parent Moves Out of the Household: If one parent moves out of the home they once shared, changes in the child’s residency need legal authorization.
2. Parent Moves Out of State: If a parent is moving to a different state, court approval is needed for any changes in the child’s address.
3. Non-custodial Parent Decides to Move the Child: When a non-custodial parent wishes to change their child’s residence, they must obtain court authorization.

Whether you are changing a mailing address, phone number, or email address, the laws regarding child relocation without court authorization apply.

How Child Relocation Works in Joint Custody Cases

When parents are separated yet living together, laws around child relocation typically align with the terms of physical custody. But, when a parent leaves the household or moves to another state, court authorization becomes essential. Whether a parent wants to make changes to a child’s address or introduce new people to the child, it’s vital that they understand this aspect of child relocation law.

Relocation and Non-joint Custody

When evaluating cases that don’t involve joint custody, courts will review the custody agreement to see how relocation might affect the child. The court focuses on whether the move might hinder the child’s frequent and continuing contact with the non-custodial parent or caregiver. If relocation could have such an effect, the court will make a decision in the best interest of the child.

Relocation Notification and Legal Obligations

Parents planning to relocate with their child outside of the current school district have specific legal obligations. This includes providing a relocation notice to the other parent. This notice is necessary whether the move is for:

• New job opportunities
• Moving closer to family members
• Relocating to a more affordable community
• Moving closer to a school for higher education

The other parent retains the right to contest this proposed relocation, another essential aspect of child relocation law.

Frequently Asked Questions about Child Relocation

1. What happens if the other parent contests the proposed relocation?

In such cases, a hearing is typically held to determine if the move is in the best interest of the child.

2. What factors are considered when deciding if the move is in the child’s best interest?

Courts consider various factors, including the reason for the move, the distance of the move, the child’s relationship with both parents, and how the move could affect the child’s wellbeing.

h3>3. Can I move my child out of state without the other parent’s consent?

Unless there are exceptional circumstances, you can’t move a child out of state without the consent of the other parent or a court order. Failure to get consent could result in serious legal consequences.

4. How do I inform the other parent about my intent to relocate?

Depending on your state’s laws, you may need to send a certified letter to the other parent with details of your planned move, or you might have to file a formal notice with the court.

5. What if my child doesn’t want to move?

The court considers the child’s preferences, especially if the child is of a certain age or maturity level. However, the ultimate decision rests on what the court determines is in the child’s best interest.

6. Can a court stop me from relocating?

Yes, a court can prevent relocation if it finds that the move is not in the child’s best interest.

7. Can I temporarily relocate with my child?

Even for temporary relocations, it’s important to communicate with the other parent and, if necessary, obtain court approval to prevent legal issues.

8. Can a relocation affect my child support payments?

Relocation can potentially affect child support payments. It could result in a reassessment of the payments based on changes in living costs, the child’s needs, or other factors.

9. What happens if I violate the terms of a relocation order?

Violating a relocation order can lead to severe consequences, including fines, custody changes, and even criminal charges.

10. How can a lawyer help with child relocation?

A lawyer experienced in child relocation cases can guide you through the legal process, represent your interests in court, and work to protect your parental rights.

Child Relocation with Duncan Family Law

If you’re considering child relocation in Los Angeles, or if you want to prevent your child from being relocated, our attorneys can counsel you. We can guide you through the legal requirements for relocating or preventing a relocation, and may be able to help you obtain an alternative residential schedule for your children.

Contact a Duncan Family Law Attorney today to discuss your Parental Relocation in Los Angeles or California. We can advise you of your legal rights and options as they pertain to your divorce or family law issue.

With Duncan Family Law, you’re never alone in your child relocation journey. Our lawyers offer you the expertise, guidance, and compassion you need during this challenging time.