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Tag: custody

Can My Ex Leave the State With Our Child?

A common custody question is whether one parent can take the children out of state without returning. If a custody order exists, the custodial parent usually needs permission from the court or the other parent. But without an order, can a parent legally leave the state with a child? In this month’s blog, we explore when such moves are allowed or restricted.

Custody Agreements and Parenting Plans

When a divorce involves children, the court establishes a custody agreement that both parents must follow. This agreement outlines who has legal custody (the right to make decisions for the child) and physical custody (where the child primarily lives).

If your child custody hasn’t ended yet, then your ex cannot simply decide to move to another state or take the child on an extended trip out of state without discussing it with you.

Related: Learn more about when child support ends in California here.

Move-Away Cases: Permanent Relocations

A “move-away case” occurs when a parent wants to make a permanent move out of state. If one parent has sole custody, they may have more freedom to move. However, in cases of joint custody, the moving parent must either get the other parent’s consent or obtain a court order.

If both parents are open to a move but need to adjust their parenting plan, a new agreement can be created. For example, a different visitation schedule might allow the non-moving parent more extended time with the child during vacations or school breaks.

The Risks and Penalties of Leaving Without Permission

If a parent leaves the state with a child without obtaining the necessary permissions, they could face legal consequences. For instance, taking a child out of state in violation of a custody order may be considered parental kidnapping in California. This can be a serious charge that comes with severe penalties, including jail time or hefty fines.

Steps to Take if You Suspect a Violation of Custody Terms

If you believe your ex may be planning to leave the state with your child without permission, there are steps you can take to protect your custody rights.

  • Document the Custody Agreement: Have copies of the official custody order readily available, showing the specific terms regarding travel and relocation.
  • File a Motion if Necessary: If your ex won’t communicate or is actively planning to leave against the agreement, file a motion with the court to prevent the unauthorized relocation.
  • Know the Warning Signs: If your ex suddenly starts packing belongings or gives notice of a job transfer far away, consider discussing these changes with your attorney to ensure your rights are safeguarded.

Consult With Us

At Family Law Richard E. Young & Associates, we’re here to help you protect your rights and your family’s best interests. Contact us at (949) 951-9529 for guidance on custody agreements, parental rights, and what steps to take if you’re concerned about relocation issues. Let us stand by your side to ensure your rights – and your child’s – are safeguarded.

Is It Worth Changing Court Orders?

Court orders often seem like a permanent solution to legal disputes. However, in reality, they are more flexible than they appear. Especially in family law, where circumstances evolve, these orders can change over time. Whether it’s a custody arrangement or visitation schedule, life’s changes demand a closer look at whether these rulings still make sense. But is it worth the effort to modify a court order? In this month’s blog, we’ll talk about when it makes sense and when it might not.

When Should You Consider Changing a Court Order?

There are situations where changing a court order isn’t just worth it, but necessary. Most commonly, these changes occur in family law when child custody ends or spousal support needs adjusting. Let’s break down the most common reasons and steps involved in modifying court orders.

  1. Significant Life Changes

A key reason to seek a court order modification is a substantial change in circumstances. If someone’s income has significantly decreased or a parent relocates, for example, continuing with the existing order may no longer make sense. Courts are generally willing to listen when the original situation has shifted dramatically.

2. Modifying Your Parenting Plan

Modifying a parenting plan is one of the simpler changes to make in Family Court. If you and your ex-spouse see eye to eye, you can both submit an updated parenting plan for the court to approve and have the Judge sign off on it. Here’s how the process works.

However, if you and your ex don’t agree, things can get more complicated. Instead of just filing paperwork, you’ll need to request a court hearing. In this case, it’s a good idea to contact your Lake Forest divorce attorney for guidance.

The Legal Process of Modifying Court Orders

While it may seem daunting to change a court order, it’s not as difficult as many believe. The court’s intention, after all, is to protect your children. That being said, the court must be convinced that the change is both necessary and in the best interest of any children involved. Additionally, the individual requesting the change must present evidence to support their case to ensure smoother sailing later.

Related: Learn more about how unfit parenting is defined here.

Is It Worth It?

The question remains: is it worth changing a court order? In many cases, the answer is yes—especially when the current order no longer fits life’s reality. However, it’s important to weigh the potential costs when changing or reducing custody-related conflicts. Battles over modifications can take a toll on all parties involved, so hiring a seasoned Lake Forest family law attorney is necessary.

Allow Family Law Richard E. Young & Associates to Help You

If you’re facing a situation where modifying a court order is necessary, contact Family Law Richard E. Young & Associates at (949) 951-9529 for expert assistance. Court order modifications are often kept under the radar, but they are a crucial part of ensuring that legal arrangements stay relevant as life changes. Let us help you!

When You Need to Call on a Parental Rights Attorney

There are numerous scenarios for when you need to consider whether to hire a parental rights attorney. Whether you’re going through a divorce or challenging a party’s paternity claims, it’s for the best that you have a trusted professional you can consult with at every step of the proceedings.

With that in mind, we will run down a deeper explanation on why you should consider hiring a parental rights attorney, especially if you’re facing a legal dispute over these circumstances. With their help, you can look forward to a brighter future!

Why Are Parental Rights Important?

First things first, it’s important to define exactly what this means. Parental rights are described as a parent’s ability in a legal sense to make actions and decisions on behalf of their child or children. In other words, it’s the establishment of a legal parent, and can be applied in the cases of biological parents, adoptive parents, foster parents, and legal guardians.

There are other obligations and benefits a child has access to in association with parental rights including custody, visitation, child support orders, and more. Of course, any and all rights can vary and are dictated based on states and federal laws. This can lead to a complex web of litigation when two parents with a child or children go through a divorce, which leads us to our next topic.

When Do You Need a Parental Rights Attorney?

As we mentioned, the circumstances for when it would be in your best interests to hire a parental rights attorney typically comes down to legalities. This area of practice is used in cases such as the institution of the parents of a child, requesting the use of DNA testing to confirm parentage, challenging another person’s paternity, and other parental-related issues.

Any qualified parental rights attorney involved in the mediation process should be extra mindful to keep the children in mind at every stage. After all, any decision should come down to their health and well-being, and especially their future. That last point is an especially important reason for why it may be best to hire a third-party counsel to handle these matters.

Conclusion

With all the complicated decisions and confusing paperwork involved, it can be difficult to ensure your needs and the needs of the children are being met. Having a parental rights attorney in your corner who can help you through the legal process can give you the opportunity to have a clear head in a delicate situation.

Take the time to speak with a parental rights attorney – many of them offer a free initial consultation so you know what to expect and what your chances are. In the meantime, if you have any general thoughts or questions, please share them in the comments section below!