How Relocation Requests Affect Child Custody in San Jose

Child custody cases are always challenging. When a parent wants to relocate after a San Jose divorce or separation, whether the move involves a new job, a new relationship, or simply a fresh start elsewhere, it can spark fierce disputes.

Our experienced San Jose child custody lawyer helps parents on both sides of this issue understand their rights and explains how the Santa Clara Family Court evaluates a move-away request.

What California Law Says About Custodial Parent Relocation

The Santa Clara County Family Court does not automatically grant or deny relocation requests. In making a decision, judges look closely at the existing custody arrangement and the specific circumstances surrounding the move.

Relocation can fundamentally disrupt the child’s relationship with the non-moving parent, so courts are cautious in these cases. Factors a judge considers before making a decision include:

• The reason for the proposed move and whether it’s in good faith.
• The distance of the relocation and how it would affect the existing parenting schedule.
• The child’s age, relationship with each parent, and ties to the current community.
• Whether the move would improve the quality of life for both the parent and the child.
• The non-moving parent’s ability to maintain a meaningful relationship with the child.
• The child’s preference, depending on how old they are and their level of maturity.

Under California Family Code Section 7501, a custodial parent generally has the right to change the child’s residence, but that right is not absolute. When a move would significantly affect the other parent, the court can potentially modify the existing order.

How the Non-Moving Parent Can Respond to a Relocation Request

If you suspect your child’s other parent has plans to relocate, act quickly.

Steps a non-moving parent can take to protect their rights and their relationship with their child include:

• Consult an experienced San Jose child custody lawyer as soon as you receive notice of the proposed move.
• File an objection with the Santa Clara Family Court before the proposed move date.
• Document your current level of involvement in your child’s daily life, schooling, and activities.
• Gather evidence of any harm the relocation could cause your child or your relationship with them.
• Consider a custody evaluation by a neutral third-party.
• Propose a modified parenting plan that addresses how contact would be maintained if the move is approved.

Santa Clara Family Court judges have broad discretion in relocation cases. To protect your rights and your relationship with your child, get professional legal help today.

Facing a Relocation Dispute? Contact Our Experienced San Jose Child Custody Lawyer

When one parent wants to move from San Jose, it can affect the other parent and their relationship with their child for years to come. At Argyris Mah, LLP, our experienced San Jose child custody lawyer provides the trusted legal representation needed to protect your rights.

If you are facing a relocation dispute in Santa Clara County, call or contact our office online and request a consultation today.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=7501