How to Modify Custody Orders in California When Relocating
Life never moves in a straight line, and circumstances change. After a divorce, you or your ex-spouse may find it necessary to relocate, whether for a job opportunity, family reasons, or a fresh start. Based on this, when you share custody of your children, moving away can have a significant impact on existing custody arrangements.
In California, modifying custody orders due to relocation is possible but requires following specific legal procedures. Here are the steps you can follow to obtain a post-divorce modification order for child relocation.
Hire a Child Relocation Attorney for Post-Divorce Order Modification in California
Whether you are the relocating parent or the one facing the potential move, hiring a proven and capable child relocation attorney in California can make all the difference to the outcome of your case.
- Comprehending the Laws: California has specific laws and guidelines governing child relocation after divorce. An experienced post-divorce order modification attorney will be well-versed in these laws, and help you understand the legal requirements, including notice to the other parent, and assist in meeting these obligations.
- Protecting Your Rights: Whether you are the parent seeking to relocate or the one opposing the move, your California child relocation lawyer safeguards your rights and interests. They will ensure that your voice is heard in court and that the final decision aligns with your concerns and the child’s well-being.
- Negotiation Skills: Child relocation cases often involve negotiation between both parents to reach a mutually acceptable agreement. Your California post-divorce order modification lawyer can strongly advocate for you during negotiations, working to secure favorable terms.
- Court Representation: If an agreement cannot be reached through negotiation, your California child relocation attorney can represent you in court. They will present a compelling case, supported by evidence and legal arguments, to persuade the court to rule in your favor.
- Addressing the Child’s Best Interests: California courts focus on the best interests of the child in custody and relocation cases. Your attorney will help you demonstrate how the proposed relocation will benefit the child and maintain their stability and well-being.
- Complex Documentation: Child relocation cases often require extensive documentation, including financial records, proposed visitation schedules, and evidence supporting the reasons for the move. Your California post-divorce order modification lawyer will ensure that all necessary paperwork is accurately prepared and submitted to the court.
- Mediation and Alternative Dispute Resolution: In some cases, mediation or alternative dispute resolution methods may be appropriate. A robust child relocation attorney can facilitate these processes to help parents reach a resolution outside of court.
- Ensuring Compliance: Once a modification order is granted, your California child relocation attorney ensures that both parties adhere to the new terms. They can take legal action if necessary to enforce the court’s decision.
Other Steps Involved in Seeking Child Relocation Post-Divorce in California
Notify the Other Parent
If you intend to relocate, the first step is to notify the other parent in writing as soon as possible. California law requires at least 45 days’ notice before the planned move. The notice should include specific details about the move, such as the new address, phone number, and the intended date of relocation.
Seek Agreement with the Other Parent
In an ideal scenario, both parents can reach an agreement regarding the modified custody arrangements due to the relocation. This agreement should address visitation schedules, transportation arrangements, and how the move will affect the child’s schooling and extracurricular activities.
Consider Mediation for Child Relocation
If an agreement cannot be reached, consider the non-adversarial path of mediation. A skilled child relocation mediator in California can help both parties find common ground and develop a mutually acceptable modified custody plan. If mediation is successful, this plan can be submitted to the court for approval.
File a Request for Custody Modification
If no agreement is reached through negotiation or mediation, you can file a formal request for custody modification with the court. In California, this typically involves submitting specific forms and paying a filing fee. You will need to demonstrate a significant change in circumstances warranting the modification, such as the relocation.
Prepare a Strong Case
When seeking a custody modification, be prepared to present evidence supporting your request with representation from a top California post-divorce order modification attorney. This may include documentation of the relocation, information about the new living environment, school options, and how the move will benefit the child. Courts will assess whether the move is in the child’s best interests.
Stay Child-Centered
Throughout the process, keep the child’s best interests at the forefront. Relocations can be challenging for children, so maintain open communication, support, and consistency to help them adjust to the changes. At the same, be prepared to comply with the modification order once it is issued by the court. Your California child relocation lawyer can help ensure that both parties adhere to the new terms.
Get Strong Legal Representation for Custody Modifications Due to Relocation in California
Relocation after a divorce while sharing custody is a significant undertaking involving legal complexities. At Werno Family Law Solutions, our legal team led by top-rated family law attorney Don Werno, Esq. can successfully represent and guide you through custody modifications necessitated by relocation. We are determined to protect your rights and your child’s best interests. Contact us at 714-942-5932 or fill out this online contact form to schedule your free consultation.