Orange County Out-of-State Relocation Lawyer

Orange County Out-of-State Relocation Attorney

Following a divorce in Orange County, it is understandable that one of the parties may wish to relocate out of state. While in most cases, moving to a new place can feel like a fresh start at life after the difficulties of divorce, it can also lead to stressful complications with child custody or visitation. If you are looking to move out of state or are concerned that your co-parent will, an Orange County out-of-state relocation lawyer can represent your interests. Before making any decisions, it’s helpful to speak with an Orange County divorce lawyer who understands how move-away cases can affect your rights as a parent.

At Minyard Morris, our team of 20 attorneys can aggressively fight for you and no one else. Out-of-state relocation cases are a fairly common issue for parents in Orange County. The situation can feel almost impossible, no matter what side you are on. When you work with the team at Minyard Morris, we can help you initiate or contest an out-of-state relocation. Let us approach your case with the fierce legal advocacy you deserve during this difficult time.

California Law and Relocating Out of State

With the current divorce rate in California standing at 7.45 per 1,000 residents, relocation and move-away cases are not uncommon. In most cases, the parent who has a higher amount of physical custody will be the party to file a relocation request. The courts will typically grant the request unless the other parent can prove that such a move would not benefit the child. Their case can be even stronger if they can show how the move would actually be in direct opposition to the child’s interests.

Under the state’s custody laws, the custodial parent cannot move a certain number of miles away from the other parent without potentially modifying the existing custody arrangement. However, in a relocation case, they may change where the child lives as long as the following provisions are true:

• The relocation of the custodial parent and the child does not directly interfere with any current visitation order.
• The custodial parent has made their co-parent aware of their wish for relocation.

If the non-custodial parent does not want the relocation to occur, they can contest the relocation request in court. If the move is out of state, it will impact the parenting plan currently in place for the child, so it may not be in their interests. When such a move is not in a child’s best interests, it is much easier to successfully contest it in the Orange County Superior Court.

At Minyard Morris, whether you are the custodial parent seeking a move-away request or the non-custodial parent hoping to fight this request, we can advocate for you. Our team has nearly 50 years of combined experience in fighting for clients just like you. Now, we can turn our attention to your case. Whatever your move-away request might include, we can offer you strategic and proactive planning for your case. We can fight for you in front of a judge to advocate for your wishes. Working with a knowledgeable Orange County family lawyer can help you better understand how the court weighs parenting plans and what options are available in your situation.

Factors the Courts Will Consider in a Relocation Case

In Orange County, when a parent makes a request for relocation out of state or wishes to fight against this request, the judge will need to decide whether the move would be in the best interest of the child. To make this determination, they will take into account several factors, including:

• The unique needs of the child, such as their medical conditions, disabilities, or behavior and social development
• The income of each parent and their work schedules
• If either of the parents has a history of criminal activity, domestic violence, or substance abuse, this could significantly impact custody determinations under California law
• The overall health and age of each parent
• The preferences of the child, though this will not be the deciding factor in a relocation case

FAQs

Q: What Happens If the Non-Custodial Parent Moves Away From California?

A: In California, if the non-custodial parent wishes to relocate out of state, they may do so without the child. If they want to move, the child will simply stay in the custody of the other parent. In many cases, a custody agreement may keep the non-custodial parent from moving out of state without a court order.

Q: How Can I Fight a Move-Away Case in California?

A: In California, you can fight a relocation or move-away request in family court. You could file a motion with the assistance of your attorney and work to prove that the move is not in the interests of your child. If you have a joint custody arrangement, you and your co-parent have the same rights to spend time with your child. Your attorney can provide steadfast and knowledgeable advocacy to keep your child near you.

Q: What Happens When the Other Parent Violates a Custody Order?

A: If a parent willfully and intentionally violates the terms of a standing custody order, they will most likely face contempt-of-court charges, deal with severe legal penalties, and even face kidnapping charges. The parent who violates a standing custody order in California may even lose all custody of their children and their parental right to visitation.

Q: Why Do I Need a Lawyer for a Relocation Case?

A: No matter what a custody case might entail, emotions and tensions between parents can be extremely high. For this reason, having an attorney on your side is vital. In a move-away or relocation case, your attorney can review the move-away request in question, whether you are the requesting parent or the one hoping to fight the request. Then, they can fiercely advocate for your side of the case.

Consult a Trusted and Fierce Custody Advocate in Orange County Today

If you are planning on relocating out of California with your child, you will need to do so with the permission of the courts. If you are the other parent and do not agree with an out-of-state move, you will need to prove that such a move would not be in the interests of your child. Whatever side of a relocation case you stand on, the team at Minyard Morris can fight for you. Contact our offices today to learn more about our services.