Interstate Child Custody
A parent moving out of state for a job or another reason is more common than you may think. If you are dealing with an interstate child custody issue, it is important to consult a knowledgeable Orange County child custody lawyer who can guide you through this process. Whether you are seeking to relocate your family or are contesting the relocation of your child, the Law Offices of David P. Schwarz can help. Interstate child custody matter tend to be more complicated and contested than in-state cases, and having the right attorney on your side can make a critical difference in your case.Issues Related to Interstate Child Custody
If one parent wants to move out of California, they must seek a modification of the existing custody order through a court. They will need to file a motion with the court for a new custody order. It is possible that the court may reject the request. The parent opposing the change may also file a motion with the court to convince the court that the current order should remain in effect. It is important to be aware that the court requires a sufficient justification to modify an existing child custody order.
When one parent wants to move to another jurisdiction, the court must determine how the move will affect each parent’s custody rights and child visitation rights. In California, every child custody determination is made based on what is in the best interest of the child. When it comes to the child’s best interest, the court has the authority to consider any relevant factor, including the child’s wishes, the current living arrangement, the health of the child, the parents’ ability to care for the child, each parent’s criminal record, and how well-adjusted the child is in their current school and community.
Parents should know that there is a (rebuttable) presumption in California that ongoing and frequent contact with both parents is in the best interest of the child. As a result, a court usually will favor a custody arrangement in which both parents still have access to the children.
The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) facilitates the enforcement and resolution of child custody matters across different states and jurisdictions. Under the UCCJEA, the home state of the child is granted jurisdiction over child custody matters. The home state is defined as where the child has lived for six months prior to the proceeding. If the child has not lived in a single state for six months prior to the proceeding, the court will examine a number of factors to determine which state has jurisdiction.Retain a Child Custody Lawyer in Orange County
Child custody issues often are emotional for parents. If your spouse or you are pursuing an interstate child custody arrangement, you should not hesitate to seek the help of an Orange County child custody attorney. At the Law Offices of David P. Schwarz, we have extensive experience in these types of cases, and you can trust that we will make every effort to protect your rights as a parent. We assist people in many Southern California communities, including Mission Viejo, Laguna Hills, San Clemente, Dana Point, Lake Forest, Huntington Beach, Costa Mesa, Fullerton, Yorba Linda, Orange, Irvine, and Newport Beach. To set up a free consultation with a divorce attorney, you can reach us by phone at 949-735-9266 or contact us online.