Divorce proceedings can be quite challenging, especially when children are involved. One of the most contentious matters that parents face in such cases is when one party desires to relocate after the divorce has been finalized. This is known as parental relocation or move-away cases, which are regulated by California law.
Legal requirements
Parental relocation in California is primarily focused on safeguarding the best interests of the child. The guidelines provided in Section 7501 of the California Family Code outline the prerequisites that must be met before a parent can relocate with a child. Some of these requirements include:
Advance notice: The parent intending to relocate must provide the other parent with a written notice of the planned move at least 45 days in advance. This notice should contain the new address, phone number, date of the move, and the reasons behind the relocation.
Objection by the other parent: In the event that the other parent objects to the move, a court hearing will be scheduled to determine whether it is in the best interests of the child.
Best interests of the child: If the relocation is contested, the court will evaluate various factors to ascertain whether the move is in the best interests of the child. These factors include assessing the child’s relationship with each parent, the potential impact of the move on those relationships, the child’s age and specific needs, as well as the feasibility of maintaining the existing custody arrangement considering the parents’ new geographical distance.
Burden of proof
When a parent seeks permission to relocate their child following a divorce, they have the responsibility of proving that the move would be in the best interests of the child. The court will consider evidence presented by both parents, in addition to testimony from witnesses such as teachers, therapists, and caregivers, before making a decision.
Factors to consider
Numerous factors come into play when determining whether a relocation is in the child’s best interests. These factors include:
Quality of life: Assessing whether the move will enhance the child’s living conditions, including access to better educational opportunities, healthcare facilities, and a safe living environment.
Reasons for the move: Evaluating whether the relocation arises from legitimate motives, such as job opportunities or the desire to be closer to family, or if it is being done in bad faith to disrupt the other parent’s relationship with the child.
Impact on the child’s relationship with each parent: Considering whether the move will make it more challenging for the child to maintain a healthy relationship with each parent.
Child’s age and needs: Deliberating on whether the move will significantly affect the child’s emotional or physical well-being.
Conclusion
Parental relocation is a complex matter that necessitates careful examination of the unique facts and circumstances surrounding each case. If you are a parent involved in a divorce case and are contemplating relocating with your child, it is crucial to seek the guidance of a seasoned family law attorney. By working with an attorney well-versed in California law, you can ensure that you take all the necessary steps to protect your child’s best interests while navigating the legal process effectively and efficiently.