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Divorce & Parental Relocation

Experienced Orange County Divorce Lawyer

It is common for an individual to wish to relocate to a new area after a divorce or annulment. While moving to a new area can be seen as a fresh start towards a new beginning, it can also introduce certain complications in regards to child custody and visitation. If you are looking to move away with your child or are fearful that your child’s other parent may attempt to do so, contact the Orange County family law attorneys at Gill Law Group, PC. Backed by years of proven legal experience and inclusion on the National Trial Lawyers: Top 40 Under 40 list, our advocates can protect your rights as a parent and maximize your chances of securing the outcome you desire.

We proudly offer free initial case reviews to all who contact us for assistance. Schedule yours today.

An Overview of Relocation Cases in California

A “move away” case occurs when a parent with joint or sole custody of a child chooses to move to an area that is far enough away that it would affect the current custodial arrangement, requiring a modification to the existing custody and visitation order. Generally speaking, parents in California who have permanent sole physical custody are permitted to move away with their children unless the other parent is able to show that the move would in some way harm the children. If parents share physical custody and the non-moving parent does not want the child to move, the moving parent must be able to demonstrate to the courts that the move is in the best interests of the children.

It is important to note, however, that this issue solely revolves around whether or not the child leaves or stays – not the parent. The courts cannot prevent a parent from moving. Parents are required to pursue mediation and attempt to come to a mutual arrangement before a judge will issue a modification. If an agreement cannot be reached, a judge will make a decision on the parents’ behalf.

The court’s decision will be influenced by the following factors:

  • The age of the child
  • The distance of the move
  • The child’s relationship with both parents
  • The relationship between the parents
  • The child’s own wishes, if of a suitable age
  • The reasons for the move

Protect Your Rights to Your Children

At Gill Law Group, PC, we understand how important it is that you maintain an active presence in your child’s life. Having earned unanimous praise from past clients and a highly-respected reputation within the legal community for our unmatched client satisfaction and skill, our team of Orange County divorce lawyers can provide the “client first” service and strong advocacy you need during this time. With responsive communication and a dedication to keeping you informed and updated with all relevant developments in your case, we have what it takes to help you achieve your goals.

Discuss your move away case with us today – call (949) 681-9952.

Get to Know Our Team

  • Raja S. Gill
    Raja S. Gill Founding Attorney
  • Jennifer Gavini
    Jennifer Gavini Of Counsel
  • Edgar C. Johnson, Jr.
    Edgar C. Johnson, Jr. Of Counsel
  • Raja S. Gill Founding Attorney
    Raja S. Gill

    Attorney Hetinder “Raja” Gill has been awarded membership in the National Trial Lawyers: Top 40 Under 40, and he maintains a Superb Avvo Rating. View Profile

  • Jennifer Gavini Of Counsel
    Jennifer Gavini

    Attorney Gavini received her Juris Doctor degree from Whittier Law School and has experience in several fields of law. View Profile

  • Edgar C. Johnson, Jr. Of Counsel
    Edgar C. Johnson, Jr.

    Attorney Johnson graduated Western State University School of Law and has over 25 years of litigation experience. View Profile

Attorney Gill's Memberships & Professional Associations

  • 10 Best 2019
  • Trial
  • OCBA
  • Consumer
  • Super Lawyers
  • ABA