Williams & Javellana, LLP
Chico Relocation Lawyer
It is not unusual for people to move, and they do so for a variety of reasons. In some cases, it may be due to economic circumstances or perhaps because you have remarried. It may also be possible that you wish to relocate because you want to be closer to your support network. If you live in California and share children with someone who you are no longer in a relationship with, you need to consider the possible legal ramifications of relocation. This is especially true if a current child custody plan is in place and it disrupts the plan in some way or another. In fact, relocation may, at times, result in a change of custodial order.
When considering relocation cases where children are involved, the court’s first point to keep in mind the best interest of the children. It doesn’t matter if you are moving to another area of California, or if you’re moving across the country or even overseas, it can disrupt the existing custody plan. The court systems are also going to consider the timeshare that is in place, as well as how each of the parents in the custody case are exercising their rights and time that they are able to be with the children.
In some cases, the individual who wishes to relocate may have sole physical custody of the children. The noncustodial parent in this case may not see the children very often or perhaps they have not seen them at all. If relocation is being considered by the custodial parent in this case, it may be possible that the noncustodial parent would object. In this case, the burden of proof would be on the noncustodial parent to prove to the court that the move would be detrimental to their relationship with the children.
It is an entirely different situation when both of the parents have continuing and frequent contact with the children and are exercising their rights fully according to the child custody order. If one of the parents is considering relocation, the courts may go into action to prevent any harm which could occur to the child. In this case, there may be a new custody evaluation and in some cases, new orders may be given.
If you or the other parent is considering relocation to another area, it is important for you to act appropriately. For those that are considering relocation, be sure that the move is being made in good faith and for legitimate purposes. Written notice should also be given, including a custodial plan which is provided for the other parent to ensure continuing contact. If you are the noncustodial parent and the other parent wishes to relocate, file the necessary paperwork with the court system. You should also fully exercise your rights under the current child custody order.
It is important for everything to be done properly in the case of child custody and relocation. You want to ensure that things are done in the best interest of the child in order to protect their welfare. You can call on the services of Williams & Javellana, LLP to assist you legally through this difficult time, both in and out of the court system.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015