Relocating with the Children

As an adult you may move wherever you like.  Can you take the children with you?  The answer to that depends upon several factors.  If a divorce or Petition to Establish Parental Relationship has been filed, the Summons contains automatic restraining orders which prevent you from removing the children from the state pending further court order (which is usually a temporary custody order or a Judgment).  If those documents state that you may not change the children's residence from a specific county, then you are not free to relocate with the children absent the Court's approval.

In order to obtain the Court's approval, you will need to file a motion with the Court asking to relocate.  The Court will take into account many factors before making that decision (your relationship with the children's other parent; the children's relationship with the other parent; the amount of contact between the children and both parents, just to name a few).  Frequently, the Court will seek an outside expert to assist them by gathering information from the parents and children and making an assessment of what is best for the children.  This process is called a child custody evaluation or in Fresno County, a Psychological Evaluation; which is usually followed by an Assessment with Family Court Services.  This is not an easy, cheap or quick process.  

Obviously, the most expedient way to achieve your goal of relocation is to simply ask the other parent if they will agree and then work out the details of how you will share custody of the children now that you are potentially hundreds of miles apart.  I do suggest you try and put aside your own feelings and think about your children, who are now going to be deprived of frequent contact with their other parent (or even you, when they are visiting the other parent) and are going to be forced to travel long distances.  Also don't assume the high earner will pay for all of the travel, or just because a person moves, they will be expected to foot the children's travel bill.  Frequently, those expenses are equally shared and exchanging children, cross-continent, several times a year (especially if an adult must accompany them) is very very expensive.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

Behave Yourself!

Nothing frustrates me more than seeing two parents who cannot simply exchange the children from one car or house to another without controversy.  I am not willing to assign blame; yet, I am more than mindful in these situations there is usually one parent who feels the need to bait and harass the other one.  The trick is to NOT bite!  First, children aren't stupid, if you behave yourself and the other parent doesn't, the children see it.  They may not figure it out now, but they will intuitively know at some point in the future which parent conducted themselves properly.  Second, you're children don't need this garbage.  Let them love you both without having to apologize for it.  When you drive up to the other parent's car, or home, be positive about the fact that they are getting to see the other parent.  Make sure they give the other parent a kiss and hug goodbye when you are taking them away.  Hold your tongue, regardless of what comes out of the other parent's mouth, it will serve your children well.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

What is Orientation?

In Fresno County, prior to mediation, the parties must attend Orientation. Family Court Services conducts this lecture, which is basically a vehicle to explain the mediation process to parents.  It is mandatory; do not miss your scheduled appointment if you are given one.  Both parents must attend, however you will not necessarily be present at the same appointment.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

What is a Graduated Visitation Plan?

A graduated visitation plan is one in which a visiting parent's time with the children increases incrementally over time.  This most often occurs in two situations: one, when a parent hasn't either seen the children in a long time, or hasn't had a relationship with them; and two, when a child is an infant.  These plans most often will not be very satisfactory to the visiting parent, but are actually put in place for the children's well-being.  I would strongly suggest you make each and every one of the visits, because missed visitations could delay the possibility to increase your time in the future.

On a positive note, there are certainly circumstances, especially with infants, where such a plan can assist a parent in working toward a much better custodial schedule in future.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.