Relocating with your children after a divorce or during a child custody case can be a complex and emotionally charged process. Whether you’re hoping to move for a new job, to be closer to family, or for a fresh start, the legal system prioritizes one key factor: the best interests of the children. But what does that really mean? And how do you navigate the legal hurdles to either gain permission to move or prevent your co-parent from taking your children away?
In this video, Sina Mohajer breaks down the essential steps for parents on both sides of a relocation case—what you need to do, how courts make their decisions, and how to build the strongest case for your situation.
At Mohajer Law Firm, we specialize in family law and are here to simplify the legal process for you. Read on to learn how to protect your rights and make informed decisions for your family’s future.
Transcript:
Whether you’re involved in a divorce or a custody battle, if you have kids and you’re looking to relocate to a different state or somewhere far away, this video is for you. In this video, we’re going to tackle exactly just that—what to prepare for, what you need to do in order to help your chances in relocating, or if you’re on the other side, to prevent those kids from leaving.
Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, civil litigation, criminal defense, and personal injury. In these mini-series, I like to tackle complex issues and simplify them for our viewers in order to give you that information and know-how to handle your case more effectively, or just simply to answer some questions that you might have about your case.
So, if you’re new to this channel, welcome. Hit that like button and don’t forget to subscribe so you’re always in the know about any new videos being posted. And without further ado, I welcome you all to A Walk in the Park.
No Pending Action
If you don’t have a pending action, then there are technically no laws in place that prevent you from doing whatever it is that you want to do with your kids. But does that necessarily mean that you should go ahead and move and relocate with your kids without going through the proper channels? Number one is always having a discussion with the other parent and getting consent.
Now, it may be the case for your particular situation that you could just pick up and leave, and nothing bad will happen later on. But that’s why it’s important to talk to a seasoned family law attorney to understand what kind of ramifications your actions may have if you do decide to move and relocate without going through the proper steps.
Pending Action
But if you do have a pending action, then there’s an automatic temporary restraining order in place. That prevents you or the other parent from relocating with the kids without the written consent of the other parent or a court order. And if you do have a court order in place, whether it’s a temporary order or a permanent judgment, then you want to look at those documents, within those four corners, to determine what you are allowed to do and what you are not.
But odds are, if there’s a pending action or there was a pending action that has now been finalized, you’re going to need to either A) have the consent of the other parent before you move, or B) go to court and get permission from the court.
Other Parent Doesn’t Give Consent
So, what happens if the other parent doesn’t give you the consent? What do you do next? Your only other option is to file paperwork with the court and get permission from the court in order to relocate with the children.
Request for Order
But how do you do that? Well, you have to do it through a formal motion. You need to fill out your paperwork, what’s called an “RFO” or Request for Order, schedule a hearing date, and establish the requirements needed for the court to give you that permission or possibly deny it.
Best Interest of the Kids
One of the main factors to consider is always looking at what is in the best interest of the kids. The court doesn’t care about your interests. They don’t care that your family lives in Ohio or that you have a better-paying job there. They don’t care that the cost of living in California is so expensive that you can’t even maintain rent. Sure, all of those things I just mentioned can be related to the best interests of the kids, but that’s the key—to relate everything back to the children. Take the spotlight off yourself and put it back on the kids.
What’s the Plan Should You Move?
One main factor that you want to look at is what the plan will be if you move. Set out a detailed plan for the court to establish: One, what school the kids will go to, how that compares to their current school, and whether it is a better school or of equal value. Two, whether you have family elsewhere and if there is no family here to provide familiarity and support for the children, allowing them to build bonds with aunts, uncles, grandparents, or even cousins.
Visitation Schedule
Another factor to keep in mind is how the visitation schedule is going to be, if the court were to give you that permission. Going into court and just asking to move is great, but if you don’t have a plan for how the kids will maintain their relationship with the other parent, your odds of winning that hearing are slim to none. Again, the most important factor is the best interest of the children.
Presumably, in the state of California, the best interest of children is to have consistent and continuous contact with both parents. So how will visitation work? It’s important to lay that out as a roadmap for the court.
Defending Against a Move
Now, what happens if you’re on the other side and you want to defend against a move-away? You don’t want your kids to leave the state of California. Well, it’s important to focus on your bond and relationship with the children. How will it affect them if they move to, for example, Florida, while you are still here? If you have alternating weekends. It will be impossible for you to exercise those rights if the kids are on the East Coast.
It’s important to bring these factors up to the court and establish how rooted the kids are in California, whether that’s in sports, their friends, your family connections, community ties, or school. All of this will help you defend against a move-away.
At the end of the day, life happens, and the court is aware of this. It’s going to be a tough decision for the court to make as to whether the kids will be allowed to leave or be required to stay.
If Request to Relocate is Denied
Another note to keep in mind for those interested in moving: When you ask for a move-away order, you are essentially telling the court that you are moving—you’re only asking for permission to take the kids with you.
If you do not win that motion, the court has to assume that you are still moving and leaving the state of California. So, what happens to the kids if they cannot relocate with you? Naturally, physical custody will likely be transferred to the non-custodial parent.
Before you rush into court and ask for a move-away, it’s very important to sit down with a seasoned family law attorney and figure out a plan of action. After all, this is not a game of checkers where you make a move and see what happens. This is a game of chess—you need to always plan ahead to ensure the success of what you are trying to achieve.
Contact a Relocation Lawyer Near You
If you have questions about your relocation custody case, I welcome you to reach out to our office and schedule a consultation. I’m happy to sit down with you one-on-one to discuss your options and determine the best approach to take. If you have a simple question, feel free to leave a comment, and we’ll get back to you.
If you’re new to this channel, welcome to our new series. Please hit that like button and don’t forget to subscribe. And if you know a friend or loved one who could benefit from this video, please share it with them. I welcome you all to our new series, A Walk in the Park.