Fresno Relocation Lawyers

Assisting California parents in seeking or opposing permission to move

A parent who is granted partial or full custody of children may at some point decide to move to another part of California or even to a new state. Relocation can be prompted by an employment opportunity, a romantic attachment, a desire to be closer to family or other personal or economic reasons. In some circumstances, relocation requires court approval. Whether you are seeking or opposing the move, a Fresno relocation lawyer at Gates Law Group, A Professional Corporation can represent you effectively.

When is permission to relocate required?

Relocating with a child over a considerable distance can make it difficult for the other parent to maintain a relationship with the child. A divorced parent with sole physical custody has a presumptive right to relocate, though the other parent can challenge the move by showing it would be detrimental to the child. However, if the parents each have joint custody, California requires court approval. The burden is on the moving parent to show that the relocation is in the child’s best interests.

Legal standards for deciding if relocation should be allowed

In deciding whether relocation is in the children’s best interests, the court considers the following factors:

•  The child’s need for stability and continuity
• The distance of the proposed move
• The child’s age
• The child’s relationship with both parents
• The parents’ ability to co‑parent and communicate effectively
• The parents’ history of cooperation or lack thereof
• The wishes of the child, if mature enough
• The reasons for the proposed move
• The reasons the other parent opposes the move
• The extent to which the parents currently share custody
• The impact of the move on the non‑moving parent’s ability to maintain contact
• The feasibility of preserving the relationship through visitation
• The child’s ties to school, community and extended family

Courts have broad discretion to consider any other relevant factors. These include the parents’ mental health, any domestic violence history or the child’s special needs. 

The legal procedure for relocation in California

A parent wishing to relocate must give advance notice to the other parent, stating the intended date of the move and the planned new address. If the other parent objects, the moving parent must file a request for a court order, together with a declaration explaining the reasons for the move and any relevant evidence, such as a job offer, school information or family support. The other parent can submit a declaration opposing the move. The parties must submit to mediation through Family Court Services, in which a trained neutral party tries to facilitate an agreement. The court then will hold a hearing to decide whether the relocation will be in the child’s best interests. The court may approve or deny the move or may order modification of the existing custody or visitation plan. As an experienced family law attorney, I make the strongest case possible in support of my clients’ position.

Contact a Fresno relocation lawyer for a consultation

Gates Law Group, A Professional Corporation assists parents throughout California who seek or oppose court orders on the relocation of children. Our firm’s main office is in Fresno and we also have locations in Paso Robles and Visalia. Please call 559-432-9944 or contact us online to schedule a consultation.