How to Oppose Move Away Request

By October 29, 2014Mediation

How to Oppose Move Away Request

A legal relocation or move-away situation typically occurs when one parent wants to move with their child or children to another part of the country. In these particular cases, the ruling of a California court can have a serious impact on the child and the parents alike. If you have recently been served with documents in California requesting a move away, your automatic reaction might be to panic. Don’t panic, you can successfully oppose move away request.

Your Influence on Your Child is in Peril

A lot of people find that they feel angry and betrayed, and it can be difficult to contain your emotions, but you must remember that it is important to focus. In these situations, your child’s future with you is likely to be at stake. This is particularly true if the other parent wants to move several states away or completely out of your practical reach. You’re going to need some help.

Bear in mind that move away requests do not always require an order from the court, and some circumstances allow a custodial parent to presume the right to take their children away from a certain location without order from the court. This is why any individual who is concerned that the other parent may take their child to another location should act quickly and speak to a qualified and experienced lawyer.

How to React to a Move Away Request

Perhaps the best thing that a noncustodial parent can do to oppose a move away request is to prove that the relocation would be detrimental to the children involved. This will cause a California court to consider whether a not a move is in the best interest of the child or children. These are just some of the things that a judge will typically consider when it comes to deciding whether to oppose a move away case or not:

  • The distance of the move
  • The age of the children in question
  • The instability of the children and the custodial arrangement
  • The relationship of the children with both parents
  • The wishes of the children if they are at an age that allows inquiries to be made
  • The reasons for the move
  • The relationship that exists between the parents, including their ability to cooperate and communicate with one another
  • The extent to which custody is currently being shared

The Big Picture

By accessing the help of a lawyer that is works in and knows California family law, you may be more capable of proving to a court that the move away request could be detrimental to your child. This is ultimately what you need to successfully oppose a move away request.  Your goal will be to persuade the court that is considering the request that moving is not in the best interest of the child. To do this, you may consider where the child will go to school, and how that school ranks in comparison to their current education.

You could also think about what sort of support system your children will have when they move to their proposed new home, and whether the other parent has planned appropriately for the move in question. Usually, your attorney will be able to help you come up with viable points to argue in your defense.

Minella Law Group Can Help!

If you want to oppose a move-away request it is important to have an experienced move-away request attorney by your side.  Minella Law Group is experienced in move-away requests and can give you immediate hands on representation that you need.   For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you!