Move Away & Relocation Lawyer in Ventura & Santa Barbara

You May Need a Family Law Attorney to Protect Your Rights

At the Law Offices of Michelle Evans, we represent parents dealing with issues surrounding relocation or move away requests. If you have questions about your rights as a parent, contact us at one of our offices in Santa Barbara or Ventura, California.

Parental Relocation and Motions to Change Child Custody

If you are facing the challenge of attempting to relocate with your children, or if you desire to ensure that your children are not moved away from you, this is unquestionably one of the most important times for you to at least consult with an attorney. If you relocate with the children without the other party’s consent or a court order, the judge may go so far as to grant the other party custody of the children.

If the other party is planning to relocate with the children and you oppose the move, we highly recommend that you file a motion to prevent the relocation as soon as possible. It is our experience that the judge is more likely to prohibit a party from relocating with the children if the move has not taken place yet, as opposed to requiring a party who already moved with the children to move back if a motion was not timely filed to prevent such a move.

Relocation Request

In order to relocate a child, the custodial parent must notify the other parent, and if the parent does not consent to the move, they must get a written order from California family law court confirming that he or she can move with the children. The judge will consider a variety of factors to determine whether the move is in the best interest of the children:

• Will the relocation improve the children’s quality of life or will it be to their detriment?
• What is the parent’s motive for the move?
• Has the custodial parent been complying with visitation orders?
• Is the custodial parent likely to comply with a modified visitation order?
• Does the noncustodial parent support or oppose the move?
• Can there be adequate long-distance visitation?

In situations where a custodial parent wants to move away with the child, the court will look at all relevant factors in deciding whether to allow the move, including: the reason for the move, the effect of the move on the child and on the child’s relationship with the non-custodial parent. We will guide you through the complicated process of requesting permission to relocate or opposing your ex-spouse’s request to move away with your children.

Military Family Move Away Cases

Having a parent who is on active duty military and is either deployed or faces the possibility of deployment in the future, adds an additional layer of complication to the move-away process. The Law Offices of Michelle Evans has special experience in Military divorce issues, including complicated move-away requests and prevention orders.

At the Law Offices of Michelle Evans, we listen to our clients and give them the information they need to make informed decisions about child custody and move away. We understand how important it is to make good decisions for you and your children. Contact us to for a consultation at our Santa Barbara or Ventura office. Call 805-242-6270 or send us an email.