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Relocation Disputes

Santa Ana Relocation Dispute Lawyers


After a divorce or separation, you and your ex-spouse likely established child custody during a court hearing. Child custody is put in place to protect the welfare of the child or children when their parents are not married. However, maintaining joint custody or visitation rights can become complicated if one parent wishes to move away at any point. Fortunately, there is a legal process to pursue if you or your co-parent wants to move out of state or even out of the country.

Whether you’re the primary parent, the non-custodial parent, or you share joint custody with your ex-spouse, consulting a lawyer for relocation assistance is essential. Obtaining a move-away order can be complex, and courts will do their best to protect the health and wellness of your children above all else. At Sarieh Law Offices, ALC, we can assist you by proving your relocation would benefit your children. And if you’re fighting a move-away order from your co-parent, we can help bolster your case in court. Call us today at 714-694-7723 for a free consultation and to learn more about our services.

How Do You Get a Move-Away Order?

Obtaining a move-away order is similar to modifying child custody or other court orders. First, you must file a petition with the court asking to relocate with your children if you have physical custody. Once you file, you must notify your co-parent of your petition to move. The judge will set a hearing date, and both parents will have the opportunity to advocate for themselves and their children’s best interests. The judge will give a final ruling on whether the petition is granted or not.

In most cases, if the parent asking to relocate has sole custody or majority custody, the order will be granted without much pushback. However, the parent who wishes to move must prove that the relocation is in the children’s best interests. The judge will also consider whether the move infringes upon the other parent’s visitation or custody rights under California law. It is essential to have professional legal representation during this hearing to prove your case to a judge and get the outcome you deserve.

How Far Can You Move if You Have Joint Custody?

When parents have joint custody, they share all significant decisions about the child’s life, like their education, child care, healthcare, and more. In most joint custody orders, parents must notify the court of any major life changes they are making, including relocation or moving far away. In most cases, moves under 50 miles won’t cause any concern in court. However, if the move impacts the ability of both parents to share custody, a judge may deny the move-away order. A judge may also deny the petition if they believe that moving would be a detriment to the child’s well-being.

What Factors Does the Court Consider in a Move-Away Order?

The court will examine several factors when determining whether to grant a relocation order. While specific factors may depend on the unique circumstances of your case, there are some general factors a court will consider.
These factors may include:

  • The child’s age: A court may ask an older child if they want to move. For younger children, the court will determine how the move might impact a child of their age.
  • The distance of the move: Moving more than 50 miles can make maintaining custody or visitation agreements challenging. Courts will often attempt to keep existing arrangements in place whenever possible.
  • The child’s stability: If a child’s custody agreement has changed already, a court may deny a relocation petition because it could disrupt the child’s life too much.
  • The child’s needs: The court will determine whether the child’s needs can be met in the new area, including education, medical treatments, and more.
  • Why the parent is relocating: The court will examine the reason for moving and decide whether the move is in good faith.
  • The child and parents’ relationship: If the child does not see their non-custodial parent often or has a poor relationship with them, a move with the custodial parent could be beneficial.
  • The relationship between both parents: A judge will consider how both parents communicate and co-parent with each other.
  • Support systems in the new location: A new area could make it easier or more challenging for the child to connect with a support system of friends and family.

Can a Co-Parent Contest a Move-Away Request?

If your co-parent is petitioning to relocate in court, you have the right to contest that decision. No matter what kind of custody arrangement you have, you can advocate for yourself in court by explaining how the order would be a detriment to your custody or visitation agreement. With the help of an experienced attorney, you may be able to get the order denied if you can prove that it would not be in the best interest of the child.

How Can a Santa Relocation Lawyer Help Me?

Moving away with your child when you have a custody agreement can be complex. Petitioning the court, advocating for yourself in a hearing, and ultimately convincing a judge of your relocation is difficult to do on your own. With the help of an experienced lawyer from our team, you can prove that a move is in your child’s best interest and get your order approved by the court.

Whether you’re contesting a move-away order from your co-parent or looking to relocate with your children, our team at Sarieh Law Offices, ALC, is here to help. Our firm has years of experience handling complex child custody cases, including move-away and relocation orders. If you need assistance, call us today at 714-694-7723 to see how we can help you.