The Law Offices of Joseph Torri has assisted numerous clients throughout Whittier and the surrounding areas. They have practiced in various areas of law, including family law. They assist families with matters such as child custody, visitation, child support, divorce and spousal support. They also assists families with child relocation.
General Information Regarding Move-Aways and Child Relocation in Whittier
According to the California Family Code§ 7501, a custodial parent has the right to change the child's place of residence, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child. This means that a child's custodial parent can move with the minor child to another house, city or state. California case law is clear that the custodial parent does not have to prove that the move is necessary in order to move. However, the court will attempt to determine whether the move will be detrimental to the child. If you need assistance with relocating with your child or if you want to contest your child's move, contact The Law Offices of Joseph Torri for valuable legal assistance.
Disputes Regarding Move-Aways and Child Relocation in Whittier
Although the custodial parent has the right to move away with the minor child, the noncustodial parent may be able to dispute the move. Parents who have joint custody typically must agree on major issues that concern the child together. The court will allow the custodial parent to move if the move serves the best interest of the child. According to the California Family Code § 3011, the factors that go into the evaluation of the best interest of the child are his health, safety and welfare, as well as the nature and amount of contact with both parents. The party who is contesting the move may enter evidence in an attempt to prevent the move. For example, he or she can enter evidence that indicates that the move is an act of “bad faith” that is meant to frustrate his ability to visit and maintain contact with the child. He or she can also enter evidence to prove that the move does not serve the best interest of the child by uprooting him from his school, community and close proximity to his noncustodial parent. To determine whether the move is detrimental, the court will look to factors, such as:
- The child's interest in continuity and stability in the custodial arrangement
- The distance of the move
- The age of the child
- The parents' ability to communicate and cooperate effectively
- The child's wishes to move or stay if he is mature enough
- The reason for the move
- The extent that the parents share custody
The court will make a careful analysis of these factors and will make a ruling regarding whether or not he or she will permit the child to move.
Assistance with Move-Aways and Child Relocation in Whittier
The noncustodial parent will have to object to the move before any proceeding will take place.
If you would like to object to your child's move or if you are the custodial parent who believes moving is in the child's best interest, contact The Law Offices of Joseph Torri at (866) 630-5757 to schedule a free consultation and to protect your rights.