Relocation requests can dramatically impact a father’s relationship with his child. Even if there’s a move that occurs within California can change custody and visitation. Fathers should understand certain elements before responding or filing this type of request.
What is a Move-Away or Relocation Request?
A move-away or relocation request occurs when one parent tries to move homes in a way that would significantly impact the other parent’s custody or visitation rights. These requests can involve moving anywhere from another city, county, state or country. Some parents automatically assume that they are free to relocate as they choose, but that’s not always the case when children are involved.
The key issue when it comes to moving is not just the distance of the move, but whether it would negatively impact the other parent’s ability to maintain a consistent relationship with the child.
How California Courts Approach Move-Away Requests
California courts evaluate move-away requests by concentrating on the best interests of the child, as opposed to the preferences of either parent. This is in accordance with Family Code Section 3020. The legal standard that they use usually depends on the current custody agreement. If one parent has complete custody, then that parent might have more flexibility to relocate, however the move can still be contested if it would harm the child’s well-being.
If there is shared custody between both parents, courts take a much closer look at how the relocation would impact the child as far as their stability and relationships are concerned. Judges typically examine whether the move would significantly reduce the other parent’s time with the child and determine whether there are any ways to continue to maintain contact with both parents.
What Fathers Can Do if the Other Parent Wants to Move
If the other parent announces a plan to relocate with your child, then it’s essential that you act quickly while staying levelheaded. First, you’ll want to review your custody agreement that you already have in place and see if the move would violate these existing terms.
Once you’ve determined this, document your involvement within your child’s life such as any appointments you take them to, school activities, and general daily routines. If you can, try proposing alternative parenting plans that would be able to accommodate everyone involved, even though this is easier said than done.
When Fathers Are Seeking to Relocate
Fathers may also find themselves needing to relocate due to new jobs or opportunities. The court will treat a father seeking to move with his child the same way as they would treat a mother. Focusing on the child’s best interest will always come first. As a father, you must be prepared to clearly explain why the move is necessary and how it would benefit the child.
Courts will then determine whether the move would significantly disrupt the relationship that the child has with the other parent. If you can show the court a willingness to compromise and nurture the child’s relationship with the other parent, then this will greatly help your case.
Common Mistakes Fathers Make in Move-Away Cases
One of the most common mistakes fathers make is allowing a relocation to happen informally, without court approval. Verbal agreements or temporary arrangements can later be used against a father if the move becomes permanent. Delaying an objection or failing to respond promptly can also be considered an acceptance of the relocation.
Other common errors include focusing too heavily on conflict with the other parent instead of the child’s best interests, or failing to present clear evidence of parental involvement. Move-away cases rely heavily on factual documentation, and small missteps can have long-term consequences for custody and parenting time.
Getting Legal Help
The best thing that you can do for support when a move-away request arises is to have an experienced legal team to represent you. Men’s Legal Center in San Diego is here to help. Make sure you reach out for a free case review as soon as possible.