Ventura Relocation Attorneys
Relocation & Custody Following a Divorce
During a divorce, one of the spouses will sometimes desire to relocate to a different geographic region with their child. In California, recent court decisions have interpreted the law to give parents who object to such a move a significant opportunity to fight this on the basis that the move would not be in the child's best interests based upon various factors considered by the court.
On the other hand, sometimes a parent seeks out a relocation opportunity to provide a better life for his/her child. If this is the case, this parent will have to convince the court why this move would be beneficial to the child.
The court upholds the best interests of the child standard when making relocation decisions. It is very common for the court to assume that relocating would not be in the child’s best interests. However, with a lawyer’s help and some planning, a parent could convince the court otherwise.
How Is Relocation Determined in California?
The court refers to certain factors to make these decisions and often seeks the advice of custody evaluators to help as well.
When deciding whether to grant the move the court is required to consider many factors, including:
- The stability and continuity of custodial relationships
- The distance of the move and the impact it could have on visitation
- The reason for the move
- The child’s relationship with each parent
- Community and family members in the current and proposed locations
- The age of the child
- The relationship between the parents
- The child’s needs and preferences
Both parents may agree to the move and the custody change terms. Additionally, a relocating parent needs court approval to move the child – regardless of the state.
Can a Custodial Parent Relocate with a Child?
A relocation order is based upon many factors, including, but not limited to: the stability and continuity of the children, the distance of the move, the children’s age, and the extent to which the parents are sharing custody.
California law states that a parent must provide written notice of such a move. This must be sent out at least 45 days before the actual move so the parents can formulate a new custody and/or visitation agreement. The parent who does not want to relocate can then file an objection to this move if he/she would like and ask the court for assistance.
Why Would You Want to Relocate with Your Child?
There are many valid and beneficial reasons as to why you might consider relocating with your child. Here are some reasons why you might relocate as a parent:
To be closer to family members:
- If being around more family members would be in the best interests of your child, you might want to move – especially if your family could help with childcare needs. Additionally, there is only so much a parent can teach a child. Extended family members help with raising the child, offer diverse perspectives, and can expose the child to different ideas and activities.
For better employment opportunities:
- As a parent, being able to provide for your child is extremely important. If relocating would allow you to pursue a better job with employment benefits, the court would look favorably on this.
For better housing opportunities:
- Families with safe and stable home environments often have less health problems, improved school performance, and less psychological stress.
Contact Our Relocation Attorneys for Your Relocation Needs
Our attorneys have over seven decades of experience handling family law matters, including relocation cases. We understand how important your family’s health and wellbeing are to you. If relocating would be detrimental to your child, we will fight to stop this from happening. Alternatively, if a move would greatly benefit your child, we promise to do our best to make that a reality.
If you have concerns about how custody in a relocation case works, contact us online or call us at (805) 222-7818 and let us know what we can do for you.
An Emphasis on Strong Family Values
Our firm places a strong emphasis on the importance of family values. The balance between maintaining these family values and generating a better future for you and your family is one we strive to achieve with each case. Our values consist of:
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We aim to resolve conflict so you and your family can move on peacefully. We approach all aspects of a case, including the emotional, financial, and mental components, and advocate with you throughout.
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Collaborative divorce can be a great option for spouses looking to share joint custody of their child/children and the court looks favorably on this decision. When possible, we strive to come to a resolution that will benefit both spouses.
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We respect the fact that our clients trust us with important life-decisions. We strive to be as understanding and empathetic as we can with you and treat you like we would treat a close family member.
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We respect the fact that our clients trust us with important life-decisions. We strive to be as understanding and empathetic as we can with you and treat you like we would treat a close family member.
Our Satisfied Clients
Real Stories from Real People
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“A knowledgeable attorney with a strong character and ethical integrity.”
- Donald T.Thank you Michael for everything you have done for me. You are a knowledgeable attorney with a strong character and ethical integrity.
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“Donna and Michael handled my case with care”
“Donna and Michael handled my case with care”- Laura Q. -
“I highly recommend them!”
“The attorneys and staff were professional and helped guide me through a difficult process. The fees were very reasonable and the entire process took much less time than I anticipated. I highly recommend them!”- Michael S. -
“The divorce was finalized with agreeable terms. I am so glad to get this difficult time settled and behind us.”
- Rhonda A.My son was filing for divorce and he had child custody problems. The divorce was contentious and we hired Donna Santo because she is well known for handling these types of difficult situations. She was very easy to work with and was able to do most of the family law work via phone or e-mail. The divorce was finalized with agreeable terms. I am so glad to get this difficult time settled and behind us, and we have a great relationship with our grandchild.
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“a special Thank You”
Santo Mehas is a very helpful and understanding group to to work with- and a special Thank You to Michael for all your support.- Gail F. -
“I was able to be a part of my child’s life which is priceless.”
- Matthew A.I had a divorce and child custody case and Santo Mehas represented me. Michael Mehas traveled from his Ventura office to Fresno to appear on my behalf and was diligent in fighting for my rights as a parent. We had a positive outcome with agreeable visitation rights. I was able to be a part of my child’s life which is priceless.
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“If 10 stars had been a choice I would have given them 10 STARS.”
“If 10 stars had been a choice I would have given them 10 STARS.”- Paul R. -
“Donna, through her vast experience, was able to give me my financial life back and has made it possible for me to plan for my future.”
- DanGreat family law attorney. I consulted with Donna Santo regarding my complex family law case and was immediately impressed with her professionalism, knowledge and experience. Throughout my case I was given status updates and was able to pick up the phone and contact Donna. I never felt lost during the process. Donna was able to answer all of my questions and respond to all of my concerns. My ex wife went through several attorneys and even was self-represented for a while. Through all of this, Donna stayed the course, went to trial and we prevailed on all issues.
Because of Donna’s ability to understand real property laws, ours was in another country, complex income tax issues, self-employment and corporation income components, breach of fiduciary duty in my case, we were able to present our well-prepared case to the court.
Donna, through her vast experience, was able to give me my financial life back and has made it possible for me to plan for my future.
Needless to say I am pleased with the outcome in my case and highly recommend Donna, and her helpful staff, to anyone needing a professional Family Law attorney in Ventura County.