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Family Law Blog 2012 September I Have Custody of My Child and Need to Move, What Can I Do?
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I Have Custody of My Child and Need to Move, What Can I Do?

Posted By Claery & Green, LLP || 25-Sep-2012

Life after a divorce is going to be drastically different as it is, getting used to living without another adult, waking up alone in bed, not having the usual routine, etc. When children are involved, life after a divorce can be even more difficult to get used to, let alone pay for. When you are divorced you are supporting yourself and your child on a single income when you were likely used to a duel income household, which made buying groceries, paying bills, and gifts for the kids a little similar.

With the recent recession in the United States, there are many individuals who are struggling with making their payments and as a way to stay in their beloved homes they are going the route of bankruptcy. What if you are struggling financially and want to avoid filing for bankruptcy? Could selling your home and moving to a cheaper state be the answer for you? Sadly, for many this can be the answer that will save them from debt, and yet because of their child custody arrangement they are being held back and unable to make the move if they still want to spend time with their kids.

Parental relocations can be a sticky situation for any divorced person who has children. Don’t lose hope just yet, contact a trusted divorce and family attorney who can help you fight for your case and represent you as you go before the court. In California there are certain requirements that the law holds for parents to be able to seek relocation, and before they allow you to even petition for the move the court will consider a few factors.

First, they will look at not only the age of your children, but also their relationship with you. Then the court will want to know the exact purposes for your move, job relocation, less expensive living arrangements, to be closer to your family, etc. Next they will look at these reasons and how they will be beneficial for the child, will the move harm them or help them. Not only will the court want to evaluate how the move will affect the children, but they will also look into the effects your move will have on the noncustodial parent, and their ability to spend time with the children.

Another factor is the overall effect the move will have on the child, will it is beneficial or will it be extremely difficult for them to make new friends and feel comfortable in a new home? Similar to how the best interest of the child is considered when filing for a divorce, the court will want to determine what is best for them when a parent is seeking to relocate. If you are in a similar situation, contact Claery & Green, LLP today for a Los Angeles family law attorney who can represent you as you seek to make a move that you feel is best for you and your family. Call today for a free consultation!

Categories: Child Custody, Relocations

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