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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Holistic Approach
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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Collaboration
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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Children Come First
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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Compassionate Legal Services
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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“Donna fought for me and she will fight for you.”
I have a pretty complicated case that needed a lot of things done quickly and Donna was able to not only get them done but she knocked it out of the park and I am very happy with the outcome. She is also great at communicating things throughout the process in a way that I could understand.- Wayne -
“She and her staff are professional with decades of experience.”
- JasonI recommend Donna Santo and her staff. She and her staff are professional with decades of experience. They understand the law and how family law cases are heard in the courts. I had an extremely complex custody case with dozens of health professionals, collateral contacts, and opinions floating around. There were so many accusations, crisis, and charges; and every one of them felt extremely important to me. My concerns were serious, and the innumerable quantity along with counter accusations overwhelmed the courts. Donna's office was able to sift through and make sense of things to help get things on track. Donna's office took the time to relate this to the courts in a logical digestible manner for the best possible outcome. It took time. I needed to trust. She knows her stuff, and is strong at the right times.
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“Donna did a great job on my divorce.”
“They kept the case on track, knew which options were optimal, and responded well to my preferences for proceeding.They kept legal bills to a minimum as they worked expertly on my behalf.”- David -
“Donna is the consummate professional and I would recommend her to anyone with divorce or family law issues.”
“I came to Donna due to her strong reputation and extensive understanding in the area of family law. Based upon her very knowledgeable advice, I was able to settle my case without the time and expense of having to go to court.”- Dave D. -
“Thank you, Michael, you're a true professional and a very good attorney.”
- Judy M.We had a real legal emergency at our business and Michael Mehas was there to immediately respond to the other side, allowing us to resolve our matter favorably. Thank you, Michael, you're a true professional and a very good attorney, and I would recommend you for any business or other legal matter.
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“Donna guided me through at a comfortable pace on both a personal and professional level.”
- Phillip M.I was going through a difficult divorce, one which was stressful to both my wife and myself, so I needed to find solutions which would be fair and just and to relieve the tension. I was living in the Bay Area at the time and did much of the work on the phone, on my computer and at the Santo Mehas office in Ventura. I had heard of the reputation of the Santo Mehas law firm and trusted Donna as a person of integrity and sensitivity which is who I needed to get through this difficult process. I was not looking forward to working with the personal sensitive issues or the introspection necessary to get through this difficult process. Donna guided me through at a comfortable pace on both a personal and professional level. The case ended in a fair and respectable settlement for both parties and my ex and I are still friends years later. I am much happier for knowing that this is from a previous life and I have moved on. I still keep in contact with the family law lawyers at Santo Mehas as well as my ex.
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“It is my opinion there's no better family law firm, period.”
“I had a very complicated and emotional interstate child custody case on which both Donna Santo and Michael Mehas provided me with expert legal advice to bring the matter to a positive conclusion.”- Nick C., director of The Notebook -
“I have the highest recommendations for this office”
- Chris L.Concern for my personal well being through the divorce process was present from our initial meeting. The process was thoroughly described and projections on the length of time to achieve the outcome made clear. The financial projection was painful but provided me time I needed to arrange my assets. I have the highest recommendations for this office.
