Move-Away Cases in Thousand Oaks
Relocating with Children
Divorces involving children are much more complex than those without children. Even after a divorce has already been finalized, and issues such as child custody and child support have been determined, issues may still arise. This is particularly true in move-away cases, where a custodial parent desires or has the need to relocate to a distant location and take their child with them.
This can be a problem when the noncustodial parent still has visitation rights and the relocation affects their court-ordered right to visit their child. If you are facing the difficult and sensitive situation of a move-away case, speak with a Westlake Village divorce attorney as soon as possible to discuss your options. The relocation could be necessary due to loss of income or an inability to afford the current location, or it could be to pursue a new job opportunity or to be nearer to family members.
Parents who are seeking to relocate may be able to obtain a court order modification to alter the noncustodial parent's visitation order to accommodate the move. On the other hand, a noncustodial parent may need to fight a modification and prevent the other parent from relocating and harming the other parent's relationship with their child. Speak with an attorney from Richard Ross Associates in any of these situations for the legal assistance you need.
Retain a Westlake Village Divorce Lawyer
Need an attorney to represent your move-away case in Westlake Village, CA? Richard Ross Associates is more than qualified to help you fight for a court order modification, or to fight against one if it will be detrimental to your interests and to the best interests of the child or children involved. Attorney Ross has practiced law for over 30 years and is a certified specialist in family law. Our Westlake Village and Thousand Oaks divorce attorneys serve all of Ventura County. Contact our firm today for the experienced and effective legal representation you need in a move-away case.
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This is very important: If you have separated from your spouse before one of you has filed for dissolution of marriage or legal separation, avoid agreeing to and placing into effect a temporary parenting plan arrangement regarding the children unless you will be able to live with this arrangement after the divorce papers have been filed. Once you begin a parenting plan that seems to be working, it becomes the "status quo." It is very difficult to convince a mediator or judge to change the status quo, especially if it is working or appears to be working and is not detrimental to the minor children.
If you have not received a judgment dissolving your marriage before the end of the year, you may file an individual tax return under the status of "married, filing separately" or a joint tax return with your spouse. You should consult your accountant as to the advantages of these options. You may obtain special information booklets regarding tax information for divorce or separated individuals from your local IRS office or read the IRS booklet online.
To file an action for divorce, also known as dissolution of marriage, a person must have resided in the state of California for six months and in the county where the action is filed for three months prior to filing the petition in court. This is true of either the petitioner or the respondent - either person can meet the test and allow a filing. If your spouse meets the residency requirement, you can file even if you do not meet it yourself.
The court can and usually will order you to move out of your residence if your spouse convinces the court that you have been violent toward your spouse or threatened your spouse. You could be given ex-parte notice to be in court the next day because your spouse is seeking an order to make you move out and stay out. You can be ordered to leave immediately and not return even if your spouse is not on the property title or lease agreement! Once you are ordered to leave, it is not likely that you will be allowed to return.
Before you get a divorce, photocopy all relevant financial documents that you can obtain and store them off-site with a trusted friend or relative. Do not store them in the trunk of your car where they can easily be found and removed by your spouse. There may be both personal and strategic reasons not to tip off your spouse that documents are being reviewed for a possible dissolution proceeding. Make copies of documents that you find in the residence and return the original documents to their original location as soon as possible so that your spouse won't notice that they are missing. It is often advisable to make the photocopies when you are sure your spouse is away for an extended time, such as during a workday. It is advisable to gather as many relevant financial documents as possible while they are still available and before they have been removed or destroyed by your spouse. This will significantly reduce the cost of divorce litigation if the documents do not have to be recovered later. It will also permit us to get a true picture of all community assets and debts as soon as possible.