In today’s highly mobile job market, employees are often faced with either moving or losing a job altogether. This creates an especially difficult situation after a divorce. Depending on the distance involved, one parent may no longer be able to exercise frequent visitation. Generally speaking, a parent with sole physical custody of a child can move away unless the other parent can prove in court that the move would cause irreparable harm to the child. On the other hand, if parents share joint physical custody then the parent who wants to move may be required to prove the move will serve the child’s best interest. The laws that regulate these situations are complicated and like most laws, there are exceptions. The first thing you should do if you find yourself on either side of this dilemma is contact a qualified family law attorney. Your attorney can explain the current law and help you decide which steps to take next. If you are worried that your ex-spouse may move away with your child, or if you are the one who needs to move to accept a job or start a new life, contact the Law Offices of Judy L. Burger today. Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Even among parents who reach a decision about custody when getting a divorce, deciding which parent will have primary custody is usually a tough decision to make. In California, if parents cannot agree, the court will consider many factors in deciding whether one parents gets primary custody or if a joint physical custody arrangement is feasible and in the children’s best interest. First of all, a court should always consider what is in the best interests of the children. This determination requires a closer look at the family relationships and history. For instance, a history of domestic violence will likely have some bearing in a custody decision, as would a history of drug abuse. Depending on the age and maturity of the child, the court may also consider the child’s wishes related to custody. Under certain conditions, the court may grant custody to a third party rather than the parents. This may occur when a California court decides the children would be in danger or subject to harm in the parents’ custody and the children’s best interest would be better served by living with the third party. One important note is that if a parent has a history of domestic violence, that parent will generally not be favored in a custody decision. The court will consider several factors in the decision, however, including completion of a batterer’s treatment program or a parenting class. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings. Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.