Relocation And Move-Away Orders

Filing a request to move away is more than a mere formality; it is a legal requirement for divorced parents who wish to relocate but are subject to divorce-related court orders. As you seek to relocate, or if you feel threatened by your ex-spouse's request for a move-away approval, obtain a clear understanding of the associated laws.

When one parent expresses the intention to move away with the child from his or her current residence, various issues can arise. As one parent views it as a new opportunity, the other will view this request as a threat to his or her relationship with the child.

At The Law Office of Patricia A. Hendrickson, we understand the impact that relocation can have and what is required to have your request approved or to have your spouse's request denied. In every circumstance, the focus of our representation will be on the best interest of the child.

Relocation Considerations

If you are making a relocation request to the court, learn what can be expected in a move-away case. Your ability to move with the child will be based on the judge's final decision. In some cases, the court may order a child custody evaluation to be conducted through an evaluator who can submit his or her recommendations to the judge.

The evaluation professional is relied upon to provide an objective viewpoint on the circumstance and determine whether relocation should be approved. Each child's health, safety and welfare will be assessed. As he or she assesses the circumstances, the evaluator works under the assumption that both parents should have a meaningful relationship with the child.

Your Child's Best Interests

In every relocation circumstance, the child's best interest will be the primary concern. With regard to this interest, the proposal to change the residence of the child will be determined by assessing the:

  • Distance of the move
  • Age of the child
  • Child's ability to visit other parent
  • Child's relationship with each parent
  • Wishes of the child
  • Reasons for relocation
  • Relationship between both parents

During each phase of your relocation case, we encourage you to speak with our Orange County divorce lawyers. They have nearly 40 years of combined experience which can be used to protect your rights and the best interest of your child during a relocation case. At our firm, we represent mothers and fathers throughout Orange County, California. Contact The Law Office of Patricia A. Hendrickson today for legal representation from our attorneys.