14 May Moving with Children-How does Custody Work?
When parents enjoy equal time and custody with their children, it is often the best scenario for their offspring. Divorce or separation oftens threatens the world a child has known for most of their life. That is, assuming that the home environment has been somewhat stable and nuturing and the parents’ inablity to continue their relationship has not affected the children with abuse, physical or mental.
In the case where joint physical custody has been granted, problems may arise when one party intends to relocate. Amercans, and Californians in particelar, are a very mobile society. This may be due a job, family illness, or just the expensive cost of living in the golden State. The reasons for relocating are as varied as the people who request them. This especially true when the economy has taken a downturn or remains unsettled.
When one parent seeks to relocate with a child often results in extensive litigation. This may be due to a variety of factors, since the remaining parent often feels they will now be relegated to vacation and holiday parenting only.
California Family Code 3087 states “an Order for Joint Custody may be modified or terminated upon the Petition of one or both parents or the Court’s own Motion, if it is shown that the best interest of the child requires modification or termination of the Order”.
In post judgment cases, with joint physical and legal custody, the pre-judgment custody will again be reviewed. Both parents will be evaluated equally.
At the Law Offices of Damian Nolan, serving Lakewood, Long Beach and surrounding areas, we will explain your choices in a reloaction issue.In clear language, we will outline the process and what you can expect. Call us for a free consultaion.
Next: Assessing the reasons for the Move