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Relocation Guiding You Through Difficult Times

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
  • “Donna is a fantastic attorney!”

    Can’t get a better attorney than Donna Santo. Donna is a fantastic attorney! She was able to comprehend the complications associated with nasty child custody problems and bitter divorce disputes. Donna and her staff were and continue to be extremely caring and empathetic to my family’s needs. I hold Donna with the utmost respect and recommend her to anybody who needs a knowledgeable and savvy attorney.

    - Eduardo
  • “The divorce was finalized with agreeable terms. I am so glad to get this difficult time settled and behind us.”

    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.

    - Rhonda A.
  • “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.
  • “He is simply awesome!!!”

    Yay, bro! Michael has been looking out for me on several legal matters, including a car accident case, for several years. He is simply awesome!!!

    - Brian S.
  • “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.
  • “Donna obtained a good result for me, for which I am ever grateful.”

    I met Donna Santo over 20 years ago, when I needed an attorney to represent me in a post-judgment custody dispute trailing across three states due to my nomadic military background. As prior military I had a great respect for the courts. I met Donna first, and she scared me. But of course that was what I wanted: a sharp, assertive attorney. The onset of that custodial dispute marks one of the most horrible periods of my life. Fortunately, Donna and her team were my guides as well as my advocates. To this day, when on occasion I have needed a family law attorney, I have called Donna. She has always obtained a good result for me.

    - Carla H.
  • “Michael & Donna EXCEEDED my expectations”
    “Michael & Donna ! Where do I begin! ?? You two are VERY SPECIAL HUMAN BEINGS ? I Can't thank you enough for the UNBELIEVABLE support & services I have received from your office. I was in a VERY tough place in the situation I was unfortunately, unex”
    - Alyssa S.
  • “Donna Santo is a no nonsense, highly professional family attorne”

    Donna Santo is a no nonsense, highly professional family attorney. She has many years of experience which I found to be critical when it came to working in the family court system. She has had experience with all the judges and therefore quickly formulates a plan that is realistic, and has the best chance of success. You could not make a better choice to help you through this incredibly difficult situation.

    - Scott