Bay Area Family Law Attorney Discusses Relocating After A Divorce
Relocating after a divorce might seem like a simple process
. In fact, unless there is a Court Order in effect stating otherwise, in California you will be free to move at any time. However, if you want to move with the children, and there is any custody and/or visitation Order in effect, then your basic right to move about freely will be limited by the Courts jurisdiction over where your children will move. A parent who has recently been through a divorce should consult with a divorce lawyer before making the decision to move with a minor child. If your move away results in the other parent not having the visitation time stated in the Court Order, then it may be treated as Contempt of Court, and can result in consequences such as loss of custody, jail time and fines.
Relocation of Non-Custodial Parent
Non-custodial parents in California do not need to ask the Courts for permission to move. However, the move may affect that parents visitation rights, especially if it prohibits him or her from having regular visits with the child. After a non-custodial parent misses visitations, the other parent could apply for removal of that persons rights and/or a modification of the visitation Order. Therefore, it is in the best interest of the child and the non-custodial parent for that person to get legal counsel on changing the visitation arrangement. Bay Area Family Law Attorney Thomas Stutzman is familiar with the rules that apply to move away cases. One small adjustment might be enough to benefit the entire family.
Relocation of the Custodial Parent
Relocation of a custodial parent involves receiving permission from the Courts in most cases. The parent will have to prove somehow that the move that he or she is making is in the best interest of the child. The custodial parent must always attempt to foster a relationship between the child and the other parent.
Before relocating to another area, the custodial parent may have to justify the move. He or she may be required to explain whether the move is being done to cut expenses, gain an education, change jobs, or improve the familys quality of life. The Judge will make a decision based on the best interests of the child, after there has been mediation between the parties. The Judge may examine how hard or expensive the move will make it for the other parent to make his or her visitations with the child. The Judge may also examine finances and determine whether the move improves or worsens the situation for both parents; however, the standard is best interests of the child, not best finances of the parents. The Judge will certainly consider the language in the existing custody and visitation Order, and a parent that was awarded 50/50 timeshare will be treated better than a parent who has a 5% timeshare and/or is subject to supervised visitations only. Anyone thinking of relocating after a divorce can consult with Family Law Attorney.
by: Law Offices of Thomas Chase Stutzman
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