Parental Relocation Attorney in Pasadena
Parental Relocation Issues
Divorces that involve minor children will require an agreement between the spouses regarding child custody. This includes both physical and legal custody. A physical custody agreement resolves where the child will live following the divorce. When there is joint physical custody, the child spends frequent time with both parents. When a parent has sole physical custody, the other parent typically has visitation rights. Legal custody addresses the issue of which parent will make decisions regarding the child's rearing. When there is joint legal custody, both parents make decisions together. If only one spouse has legal custody, that parent makes decisions exclusively.
Once an agreement has been reached, or the court has issued an order regarding custody, modifications to the plan or order can be difficult. This includes any changes that are needed because of parental relocation. A Pasadena divorce lawyer should be contacted at once if you or a spouse has plans to move to get legal advice on custody modifications. Seek representation from the best family lawyer in Pasadena to assist you in your case. The law does not prohibit parents from moving, but the court can prevent a minor from moving with the parent if it violates an existing agreement, parenting plan or court order.
Pasadena Parental Relocation Lawyer
While a custodial parent is allowed to take a child with them when they move, the relocation can also be challenged in court by an ex-spouse who shares custody or has visitation rights.
The court will generally support a move if:
- It is not detrimental to the child
- It is job-related and/or increases economic opportunities for the parent
- The parent is re-marrying
A spouse who disagrees with the move will need to prove that it is in some way harmful to the child. Depending on the circumstances, a move may result in a change of custody from one parent to another.
An unapproved parental relocation can have serious consequences if there is an existing custody agreement or court order. Looking for an attorney for your family law case in Pasadena? The Law Offices of Makupson & Howard can review your parental plan and advise you on your options if you are planning a move, and how best to proceed with a medication petition.
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