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San Jose Family & Divorce Lawyers / San Jose Parent Relocation Lawyer

San Jose Parent Relocation Lawyer

After a divorce, a person may want a fresh start. This may mean moving out of the city, state, or even country. If a person has children, though, there may be some limitations as to where they can move in order to share custody with the other parent.

Whether the custodial or non-custodial parent is the one moving out of state, the situation is not easy for the children and parent. A move can significantly impact the child custody arrangement. The main concern for the courts is to promote the best interest of the children involved.

If you are considering a move and have children, contact a San Jose parent relocation lawyer from Argyris Mah, LLP. We can make sure you follow all the processes involved.

Custodial Parent Moving Out of the State

If the custodial parent wants to move out of state with the child, they generally need to notify the non-custodial parent and the court to get consent or a court order before moving. The non-custodial parent has the right to object to the move. This will cause the case to go to court. The custodial parent who wishes to move will then have to demonstrate that the move is in the best interest of the child. The court will look at factors such as:

  • The reasons for the planned move
  • The extent to which the move would impact the child’s relationships with both parents
  • The quality of life for the child and the custodial parent
  • The ability of the non-custodial parent to maintain a meaningful relationship with the child after the relocation.

Non-Custodial Parent Moving Out of the State

For a non-custodial parent, moving out of state is often easier as long as they do so without the children. However, visitation and parenting time needs to be considered. The child visitation schedule will need to be adjusted. If the non-custodial parent was under supervised visitation due to child abuse, drug abuse, or other reasons, they will need to come to California to visit the children.

One important factor a judge will consider is how much time did each parent spend with the children in the past year or two. If the children spent half of the time with each parent, the court may not favor relocation with the children.

If the relocation is approved, non-custodial parents are often responsible for additional travel costs and must work to adjust the visitation schedule to maintain a relationship with their children. The court may revise the custody order to accommodate for these changes.

Contact Our San Jose Parent Relocation Lawyers for More Information

After a divorce, either parent may wish to relocate. While it’s easier for the non-custodial to move as long as they do not relocate with the child, there are still laws in place.

A San Jose parent relocation lawyer from Argyris Mah, LLP can help you understand the laws involved and ensure you meet all the requirements. Fill out the online form or call (408) 214-6366 to schedule a consultation.