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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.

Why You Should Try Mediation Before Legal Action

Legal battles are hard to fight out. All the technicalities and stress involved in tackling a legal case is often tiring. They take time, money, and effort out of both parties. However, there is another way to settle disputes without going to the court. Mediation is a guided negotiation between two parties for the resolution of the conflict. Mediation can save both parties the time, money, and better functional dynamics without disturbing the relationship. The following are certain reasons why you should consider mediation before taking any legal action.

1. Control Over Outcome

Since mediation is basically negotiation, both parties can make their demands and put their terms and conditions upfront. You will have complete control over the outcome of the mediation. In court, it is highly likely that one party will be completely dissatisfied with the decision of the judge. But in mediation, both parties can reach an arrangement with a compromise that suits them best.

2. Low Cost

Mediation settlements are generally less expensive than court proceedings. Traditional litigation is always pricey, and nobody has any idea what the final bill is going to be until the decision is given. With a mediation expert, you will find the entire process to be relatively cheaper than the court proceedings.

3. Faster Decision

Mediation settlements are much faster than court proceedings because you have control over the negotiation. Both parties don’t have to involve themselves in the legal technicalities and formalities. It is straight to business while you negotiate the terms and conditions to resolve the dispute. You are likely to get a faster outcome with mediation than with traditional court methods.

4. Preservation of Relationships

The disputes debated during mediation can be between families, couples, and business partners. It works for everything. A peaceful resolution where both parties get what they want through civil debate with a presence of a professional mediator. All your issues and matters remain confidential to the public. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other. This way, your relationships are also preserved.

Conclusion

The legal process can be extremely tough. All the changes and loopholes are enough to make your head spin. Whatever the case may be, your best solution is coming to a mutual decision to handle things in the best way possible. Mediation will allow you to avoid the formality of a courtroom and reach a reasonable resolution. If you are looking for mediation assistance, call the team at Family Law Richard E. Young & Associates. With our help, we’ll handle your legal problems with confidence, hope, and patience. Get in touch with us by calling (949) 951-9529 or visit our website for further information.

Reasons to Hire a Professional Attorney for Document Preparation

When it comes to document preparation, many people start off by creating their own legal documents just to save a few dollars. Though we are not saying that one must not do self-help document preparation, when you have a professional attorney to help you, why take the risk? People must understand that document preparation is not just about printing and filing a few documents. Instead, it requires professional editing, reviewing, and drafting. To help you understand better, we have listed some important reasons why you should use a legal attorney instead of self-help document preparation.

Legal Advice

An attorney can offer you better professional support and legal advice than an ordinary document preparation service provider. How is this? It’s because an attorney has more knowledge about the ins and outs of court and can help you meet your needs and achieve your legal goals.

Related: “Not All Divorce Attorneys Are Created Equal”

Satisfaction Guaranteed

Not having a professional attorney review and fine-tune your documentation can lead to additional issues in court. Therefore, hiring a professional attorney will help you handle the fine legal details in a way that won’t affect your case and will help you achieve your goal in court.

Professional Assistance and Guidance

When you fail to explain your situation and protect your legal rights, that is when you need to consult a licensed attorney. They will carefully listen to you and help you understand the legal process in a way that makes sense to you as a client. In addition, they will also help you fill out legal documentation for court so you can be prepared.

Related: “Why You Need to Call on a Parental Rights Attorney”

 Conclusion

Though there are many attorneys available in the industry, your priority should be to seek help from a qualified, professional attorney who has knowledge and a background in the legal matters pertaining to your specific case.  

Are you searching for an attorney in Orange County that you can trust? Let Family Law Richard E. Young & Associates be your first choice. We have a dedicated team of attorneys who work with a diverse clientele. For legal assistance, contact our law firm at (949) 951-9529. You can also visit our website for more information.

Why Should You Hire a Bankruptcy Lawyer?

When it comes to filing for bankruptcy, you always want to make sure to choose the right lawyer. When you file for bankruptcy, it can bring you a huge sense of relief, especially when you are under a debt. Once your case is over, you can get back to your everyday life, debt-free. Sometimes, it is a necessary solution to your problem and is a must that you fully understand the process. And we are here to walk you through it. The bankruptcy forms are daunting enough as they are. Read on and find the many ways an attorney can help!

Complete and Schedule Paperwork

When you begin the paperwork you will have to file pages of financial data. The data will cover debts, income, expenses, assets, and financial transactions. When you hire the right attorney, they will know exactly what you have to disclose and how to value your assets.

Accurate and Complete Testimony

When you file for bankruptcy, you are going to need to sign the paperwork and tell the court, under penalty of perjury, that the information you provided is correct to the best of your knowledge. Your attorney can be there with you through that process to ensure your testimony is complete.

Negotiate With Your Creditors

Throughout the Chapter 7 bankruptcy process, your attorney has the ability to negotiate your reaffirmation agreement and can help you to keep your home or car. If you are going through a Chapter 13 bankruptcy, then your attorney can negotiate on payment terms. Not only that, but they can also negotiate on the value of collateral and interest rates in order to offer you an affordable payment plan.

Peace of Mind

When you leave the case in the expert hands of the right attorney, you can experience a stress-free process knowing that everything is on track. An attorney can provide you with the information to proceed through the case and inform you of the status every step of the way.

All in all, choosing an attorney you can count on is a must. That’s where we can help. Here at Family Law Richard E. Young & Associates, we have years of hands-on experience and are here to get you through the confusing legal process of bankruptcy.

3 Reasons Why It’s Helpful to Have an Attorney Prepare Your Important Documents

Whether you’re currently going through a divorce or going through the process of estate planning, the documents you file will be the final and lasting note your case lands on. To make sure that your documents are all able to stand up in court, having a licensed attorney look them over for you can be truly beneficial to you and your case. Here are three reasons why we believe that you should trust an attorney rather than self-help to prepare your important documents.

Legal Language

When it comes to writing your court documents, the language means everything. Choosing one word over another can make or break your case; this is why having an attorney look over the language of your document can save you time and hassle in the court room later. An attorney is able to understand the language needed to present a strong and compelling case due to their experience.

Stronger Case

When you’re trying to get the results you desire from your court case, it all comes down to how strong the documents are. By using a self-help service you could be jeopardizing your chances at winning in your court case. An attorney will be able to find flaws and fix them in your documents because they’ll have the best understanding of what words work best to achieve the desired results.

Eases Divorce and Estate Planning

Going through a divorce can already be a stressful time, as can estate planning and making sure your final wishes will be carried out. Don’t add the extra stress of trying to format and craft your legal documents on top of it. By having an attorney look over and help you write the most compelling and accurate documents possible, you’ll not only be saving your time and money but also your sanity during an already stressful time.

Conclusion

So whether you’re working through a divorce or are in the process of making sure your final wishes are cared for, having some expert help in preparing your legal documents will seem like a blessing. Let an attorney help you craft the documents using the best language for the job so that your message is clearly conveyed.

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