If you pursued a relocation order to move with your children, you were prepared to make a big move toward new opportunities. However, if the court did not find relocation in your children’s best interests, you may need to make alternate arrangements, which means canceling your big move. Our relocation attorney at Law Offices of Michael D. Iverson, APC shares what happens after the courts deny a relocation request.
Pursuing a Move-Away Order
If you wish to move more than 50 miles away from your home or a distance that would make it difficult for both parents to follow the current child custody order, you would need to pursue a move-away order for your children to move with you. You must provide written notice of relocation to your child’s other parent more than 45 days before the proposed move, which can prompt a relocation hearing.
To learn more about the relocation process, read our blog, “What is Considered Relocation in California?”
Denial of Relocation
After the relocation hearing, the court will make a decision with one of two outcomes: approval of the relocation or denial of the proposed move. If the court denies your relocation, you cannot legally move with your children and must make alternate arrangements for your move. If the proposed relocation was for an employment opportunity, you may need to request if you can work from home until you can relocate or turn down the position if you are required to relocate.
While the courts can halt the relocation of your children, they cannot force you to stay in your current residence. You do have the option to move without your children; however, you will need to pursue a custody modification to ensure that it reflects your new circumstances.
How an Attorney Can Help With a Denied Relocation Request
Navigating the complexities of denied relocation requests can feel overwhelming, but having the right legal support can make all the difference.
Here’s how an attorney can assist you during this process:
Evaluating Your Case: An attorney will review the court’s decision, identify any potential errors, and assess the best course of action for your unique circumstances.
Preparing an Appeal: If you choose to appeal, your attorney will guide you through the process, ensuring all critical deadlines are met and crafting a strong legal argument to present to the court.
Negotiating Alternative Solutions: Attorneys are skilled at facilitating productive negotiations, whether it’s modifying custody arrangements or finding creative ways to address the challenges posed by a denied relocation.
Providing Support and Advocacy: Throughout the process, your attorney will be your advocate, helping you stay informed, supported, and focused on finding the best outcome for you and your family.
Murietta Relocation Attorney
At Law Offices of Michael D. Iverson, APC, we understand that you may seek to move for new opportunities. If you are denied a relocation order to move with your children, our child custody attorneys will help you find a solution that works best for your family. Together, we can help you request a custody modification or create a plan for your future with your children.
Did you receive a notice of denial for a proposed relocation? Schedule a consultation with our Murietta child custody attorney today to learn more about how we can help you with your next steps. Call us at (951) 418-2770 or contact us online to get started.