Relocation Requests And Appeals
The following article will cover:
- Timing and legal process for petitioning the court for relocation with a child in California,
- Options for opposing or appealing a court decision regarding relocation of a child in California, and
- Modifications to child custody or visitation schedules in California when relocation is granted.
How Far In Advance Do I Need To Petition The Court For Relocation With My Child?
File your petition for relocation as soon as possible, as the process can be lengthy, often taking a minimum of six months and sometimes over a year. The court must adhere to certain legal requirements, and you’ll need to attend multiple hearings and mediations before any orders are made.
Can I Oppose Or Appeal A Decision Granted By The Court Allowing My Child’s Other Parent To Relocate?
You can appeal a court decision if it’s a final order, but you must have solid grounds for the appeal, such as an excusable mistake, a mistake in fact or law, or new facts that were unknown at the time of the trial. It’s important to note that appeals have a high burden to overcome, and the appellate court will give considerable deference to the original trial judge.
If Relocation Of A Child Is Granted, Will The California Family Court Automatically Adjust Child Custody Or Visitation Schedules To Accommodate Any Changes In Time Spent With A Child And Distance Traveled?
Yes, the court will modify custody and visitation schedules if the relocation impacts the existing arrangements. The court will try to maintain a similar timeshare as before the move, adjusting holiday breaks and allocating travel expenses as necessary to ensure the new arrangement works with the distance and location of both parties.
Do I Need A California Child’s Custody Attorney To Apply For A Relocation With My Child
It is highly recommended to have an attorney for relocation cases, whether you are requesting or opposing the relocation. Relocation cases involve nuanced information and case law that is crucial for successful communication with the court. Having an attorney can increase your chances of achieving the best possible outcome and help you maintain your relationship with your child.
With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Law in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 909-4586 today.