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Child custody agreements are constantly evolving. As parents remarry, change careers, or return to school, relocating to another city or state may drastically alter the current arrangement.
At the Baghdaserians Law Group, Inc., we understand your children are your top priority. We help families protect the ones they love and the integrity of their parental relationship. Whether you wish to move away or gain custody to prevent a move, you must speak with a Pasadena parental relocation attorney today. Schedule your initial consultation here or call (626) 460-9525.
How Does Pasadena Define Parental Relocation
Parental relocation involves one parent, typically the custodial parent, who wishes to move with their children. In California, a parent may move residences if:
- If the move does not disrupt the current custody arrangement
- If the move is less than 50 miles away
However, if the move involves changing the child custody agreement, you must seek approval to modify your parental agreement.
Stability and continuity are essential variables in child custody decisions. The Court also considers how long a child has lived with one parent. If the child has lived with the same parent for a substantial time, the Court may approve the move to uphold stability and continuity.
What Are the Most Common Reasons Parents Relocate or Move Away
The most crucial factor in any parental relocation is the reason for the move. Some of the most common reasons involve:
- Move in with a new spouse
- An important career opportunity
- Being closer to significant family or other sources of support
- To improve the family’s quality of life
Career opportunities and remarrying are two reasons custodial parents move long distances. According to the US Bureau of Census:
- There are 1,300 stepfamilies formed every day
- 80% of divorcees who have remarried have children
- The average marriage lasts seven years
The court will likely approve if the move improves the child’s way of life. However, every case is different. It is crucial to speak with a Pasadena parental relocation attorney.
Will Having Joint or Sole Child Custody Prevent Me from Relocating
Having joint or sole custody of your children will significantly impact a court’s decision for relocation.
In a case where the parents have joint physical custody:
- The nonmoving parent can petition the Court to change the custody agreement to prevent the child from relocating.
- Most courts have favored keeping parents and children near both parents.
- The nonmoving parent must establish that the change of custody will be in the child’s best interest.
In a case where one parent has sole physical custody and is trying to move away with the child
- The non-custodial/nonmoving parent can seek a change of custody to prevent the child’s relocation.
- The non-custodial/nonmoving parent must demonstrate that the relocation would be determinantal to the child.
- The Court must determine if transferring custody to the noncustodial parent is in the child’s best interests.
The Court will examine the impact of moving on the child’s and noncustodial parent’s relationship to determine if the proposed move would harm the child.
For example, suppose one parent has sole custody of two teenage children in high school. The parent will be remarrying and wishes to move in with their new spouse several towns away. The noncustodial parent believes that the move will be detrimental to the children because:
- Both children:
- Are very active in their high school clubs and organizations
- Have long-standing friends
- Are only a few years from graduating
- Are close with their noncustodial parent
- If the children move, they will:
- Be forced to leave their friends and make new ones
- Their academics will be interrupted, which may negatively affect their grades
- Be forced to quit any clubs or organizations which may not be available at the new school
- Will be able to see their noncustodial parent only half the time
- The children may suffer from depression and anxiety, have trouble adjusting academically, and may not be able to keep the same relationship with their noncustodial parent.
In the above example, it may be in the best interests of both children to have custody transferred to the noncustodial parent due to the detrimental effects of relocating.
How Might a Child’s Preferences Affect a Pasadena Parental Relocation Case
In a parental relocation case in California, a child’s preferences can be an essential factor that the court considers when deciding whether to allow the relocation. The court will typically consider the child’s age, maturity, and ability to express their preferences when determining their best interests.
If the child is old enough and able to express their preferences, the court will typically give weight to their wishes. However, the child’s preferences are just one factor that the court will consider, and the court may ultimately decide to grant or deny the relocation request based on other factors as well.
For example, suppose the child is very young and unable to express their preferences. In that case, the court may rely more heavily on other factors, such as the child’s relationship with each parent and the impact of the relocation on the child’s education and well-being.
It is important to note that the court’s primary concern in a parental relocation case is the child’s best interests. Therefore, even if the child prefers to relocate, the court may deny the request if it determines that the relocation is not in the child’s best interests.
Suppose you are involved in a parental relocation case in California and are concerned about how the court may consider your child’s preferences. In that case, it is essential to seek the help of a qualified Pasadena parental relocation attorney who can advocate for your rights and interests.
The Potential Benefits of Parental Relocation for a Child in Pasadena
Although there are various arguments regarding how a parental relocation could be detrimental to a child’s well-being in California, it’s also important to understand that moving to a new location with a custodial parent could benefit a child in some circumstances. Potential benefits of a relocation include:
- Improved quality of life: The relocation may provide the child with access to better schools, extracurricular activities, healthcare, or living conditions. This can positively impact the child’s overall well-being and quality of life.
- Stronger relationship with one parent: If the child has a strong relationship with the parent seeking to relocate, the move may allow the child to spend more time with that parent and strengthen their bond.
- Improved relationship with extended family: The relocation may allow the child to be closer to extended family members, such as grandparents, aunts, and uncles, which can provide additional support and create a stronger sense of family connections.
- New opportunities and experiences: The relocation may allow the child to experience new cultures, environments, and activities to which they may not have had access before. This can be an enriching experience for the child.
It is important to note that each child’s situation is unique, and the potential benefits of a parental relocation will depend on the case’s specific circumstances. Suppose you are considering a parental relocation in California and are concerned about how it may impact your child. In that case, it is essential to seek the help of a qualified attorney who can help you understand your options and advocate for your rights and interests.
Contact a Parental Relocation Attorney in Pasadena Today
When determining whether the parents’ arrangement falls under sole or joint physical custody rules, courts look at the reality of the arrangement rather than a previous order’s terms. For example, a mother who has the child 85% of the time can be seen as the primary physical custodian, even though a judgment can call the arrangement “joint physical custody.”
Furthermore, the Court can use the “best interest of the child” standard in making its initial custody order when a judgment is not already in place.
Attorney Patrick Baghdaserians is well-versed and experienced in protecting parents’ relationships with their children. He has successfully argued in countless cases that maintaining or modifying a custodial arrangement is in the best interest of the child(ren).
If you wish to relocate or believe your child custody arrangement needs to be adjusted in light of your former spouse moving, consult a Pasadena parental relocation attorney today. At the Baghdaserians Law Group, Inc., we will work tirelessly to uphold the best interests of you and your children. To schedule your initial consultation today, click here or call (626) 460-9525.
