Newport Beach Move Away Attorneys Helping Parents Enforce Child Custody Agreements Across State Lines
For many recently divorced people, moving away is necessary to help them get a fresh start. Unfortunately, this decision often impacts their ex-spouse’s child visitation and custody arrangements.
For some, they have to move because of a new job opportunity, or because they just want a new city without all the memories of their ex-partner. While this is a perfectly normal thing to want, there’s the pretty big issue of moving away with the children.
Child custody and visitation is a pretty big concern in divorce cases, and it’s further worsened by one party seeking to move cross state lines or to a different city with the children. The courts are seeing more of these cases, and it can be quite difficult.
Will Your Request Be Granted?
While the courts will not deter any individual moving away for new opportunities or to get a new lease of life, it can prevent them from moving with the children.
Doing this however, would entail solid proof that the move would not only adversely affect the children’s well-being, but also effectively void the visitation rights of the other party.
In the case of the latter, all the ex-spouse needs to do is show that the move would interfere a lot with their visitation rights.
Sarieh Law’s Newport Beach Move Away Attorneys have handled many move away and relocation cases. So, we’re pretty conversant with the technicalities that come with most of these cases.
We can also help file child custody and visitation rights modifications if you have to move to a new area. We have been on both sides of the aisle, and know how to handle each case.
If you need a competent move away attorney in Newport Beach to fight the relocation of your children by your former spouse or partner, we can help.
California Laws, Relocation, and Modified Child Custody Arrangements
The laws regarding relocation and move aways has been subject to many interpretations. This is because it’s predicated on a seemingly simple question: will the relocation be beneficial or detrimental to the child.
The problem with this question is it opens up the avenue for very diverse arguments, ultimately leaving the favorable verdict to the person who can prove that the move is either beneficial or detrimental.
According to California Family Code 7501, “a parent who is entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child”.
As simple as that sounds, it can become very complex in a court of law. In fact, this is why in the last decade, there’s been a spate of rather controversial rulings in child relocation cases in California’s courts.
Newport Beach Child Custody Lawyers Can Help
In each case, the parent filing for relocation rights has often had to go to extreme lengths to prove that their moving away was germane, expedient and/or necessary to their very survival or existence.
Trying to do this all by yourself is tantamount to putting yourself at a huge disadvantage. We don’t recommend that. So, you need an experienced Newport Beach Move Away attorney to handle this issue.
Sarieh Law family attorneys in Newport Beach are uniquely skilled, trained and experienced to take on cases like this. With our cognate experience, we’re able to carry out effective legal representation for our clients.
Call us on 949-828-2267 for a free 30-minute case evaluation today.