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 or 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 or 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 fewer 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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“During an emotional and stressful trial, she was the voice of calm and reason.”
“Donna Santo has gone above and beyond the call of duty. She evaluated the case and set a road map towards a realistic goal. Donna continuously deescalated personal issues and conflicts while keeping the focus on the welfare of the child involved.”- Eli G. -
“I recommend them with 5 stars”
- Maria C.I have deep appreciation for my family law attorneys Donna Santo and Michael Mehas. Thank you so much for your help in my highly complex divorce. I have witnessed the great professionalism with which Donna defends me in Court. And I appreciate the sincerity, loyalty and moral support that Michael provides to his clients. He’s always ready to answer questions and take my calls. I recommend them with 5 stars, as they are simply the best lawyers and family law firm in Ventura county.
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- ErikaI needed assistance ASAP! I called many firms & I was turned away due to COVID & the emergency of my case. I contacted Donna & Michael & they were there so fast, helped me prep, told me what to expect, what they needed from me & explained the processes. I highly recommend their services but be prepared to go to battle because Donna & Michael will literally go into that battle & win it. I have had great experiences with them as a professional team & know when I need them they are there to help, guide & support. It’s like a family & they wanna make sure your family is well taken care of. I appreciate them so much. Thank you.
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“They were there for me from the beginning to the end”
“They were there for me from the beginning to the end”- Lawrence J. -
“Donna and Michael are outstanding”
Donna and Michael are outstanding, I was referred to their office and as soon as I retained their services the legal nightmare I was in was over and the tone changed from the other party immediately. Donna will not lead you into a false sense in pursuing an unrealistic outcome. Donna achieved a very fair ruling and straightened out lots of dishonesty in my case against the other party which was much needed.- John H. -
“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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“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. -
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- JessIt's been a constant struggle with my son's father, before acquiring Ms. Donna Santo as my attorney, I had no chance to show the courts the stress my ex was causing for me and my son. Ms. Santo and her team have helped me exercise my rights as a mother and legally they have put me in a position to ultimately give my son the best life possible. Her staff was extremely professional and helpful. I was very satisfied with the services I received and I would highly recommend her. She is a good listener and she gave me great advice. Ms. Santo went above and beyond to make sure I fully understood the process and responded quickly to emails and voicemails. She is the greatest lawyer ever.