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:
-
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.
-
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.
-
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.
-
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
-
“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.
-
“They are definitely five stars in their legal experience”
“They are definitely five stars in their legal experience”- Bryan -
“I can't even begin to express my gratitude and appreciation for them.”
“I can't even begin to express my gratitude and appreciation for them.”- Roslyn F. -
“A final settlement in a reasonable amount of time at a price”
- David G.When I brought in this law firm to represent me in my divorce, my wife and her lawyer knew I had gained the ability to fight back if necessary. From that point on, negotiations could proceed. Peace through strength. Fortunately, no protracted or unnecessary fighting was necessary. Due to longstanding relationships, understandings, and trust between my team and my wife's team, deals were worked out on several fronts, avoiding crossing anyone's red lines and resulting in a final settlement in a reasonable amount of time at a price far below what either of us expected to pay.
-
“Donna peacefully found ways to resolve these issues without remorse.”
- J.T.Donna and her staff are highly experienced/knowledgeable with family law. My case was complicated by child custody and divorce issues. For several years, my ex sought to always try and bring me back to court for mundane issues. Donna peacefully found ways to resolve these issues without remorse. I highly recommend Donna to anybody needing a qualified legal professional with a heart.
-
“They were there for me from the beginning to the end”
“They were there for me from the beginning to the end”- Lawrence J. -
“I feel fortunate to have a law firm like Santo Mehas in my corner.”
- Chris K., LA MassageProI feel fortunate to have a law firm like Santo Mehas in my corner. I always felt like I was the most important client they had no matter what the issue was that I was dealing with. Michael Mehas and Donna Santo are accessible, compassionate and incredibly focused on getting me the best outcome for my family and business legal issues. This has been a true blessing to me over the years, and the relief I have felt the times I have dealt with them has made running my business and personal life much smoother. I have also recommended them to several of my friends and clients and I would do so again without hesitation in the future.
-
“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.