Call the father-son family law specialists at Erickson Family Law LLP at 408-840-2393.

EFL | Erickson Family Law

408-840-2393

Photo of Mark A. Erickson And Matt A. Erickson

Over 55 Years Of Combined Experience Representing Californians Going Through Divorce And Separation

San Jose Relocation Lawyer

California law requires that any parent seeking to move away with their child understand the legal implications and court procedures involved. Because these cases affect custody rights and the child’s best interests, working with a family law attorney is essential. 

With almost six decades of combined legal experience, Erickson Family Law LLP serves clients in San Jose and throughout Santa Clara County, California. Our credentials include certification as family law specialists by the California Board of Legal Specialization, membership in the Association of Certified Family Law Specialists and extensive courtroom experience. We have a deep understanding of California family law and the complexities surrounding move-away disputes. 

What Should A Parent Do Before Planning A Move-Away?

Parents considering relocation must take certain steps before making any move. The court examines legal and physical custody arrangements to determine whether relocation is permitted. Therefore, it is important to first:

  • Review existing custody orders to understand any restrictions or requirements for relocation.
  • Notify the other parent in writing of your intent to move, ideally well before the planned relocation date.
  • Consult with a family law attorney to file the appropriate motion for a move-away order if required.

Taking these steps helps ensure compliance with California’s custody laws and strengthens your position before the court. An experienced custody lawyer can help present your case effectively and reduce potential conflicts. 

What Factors Does The Court Consider In Move-Away Cases?

California courts prioritize the child’s best interests. Some key factors the court evaluates include: 

  • Whether one of the parents already had a primary physical custody award prior to requesting the move away.
  • The distance of the move and how it affects the child’s relationship with the nonmoving parent.
  • The child’s emotional stability, age and ties to both parents and the community.
  • The history of co-parenting and communication between the parents and the custodial parents willingness to support an ongoing relationship with the noncustodial parent..

These factors can significantly influence the outcome, making skilled legal representation crucial.

What Can The Other Parent Do To Oppose A Move-Away?

The non-moving parent also has legal options. With the help of a family law attorney, they can request a modification of custody or file an opposition to the move-away request. They can also seek significant visitation time with the child during time school is not in session such as during summer and school breaks if the move-away is granted.

This helps ensure their relationship with the child is protected and that their concerns are considered by the court. 

Contact Us Today

At Erickson Family Law LLP, we leverage our in-depth knowledge of Santa Clara County, California, courts to advocate for the best possible outcomes. 

If you are facing a potential relocation or want to challenge one, call 408-840-2393 or use the online contact form for experienced representation.