Steven Fernandez |

Child Custody, Modification, Parenting Plan

What Will Happen to My Residential Time if I Move Overseas?After a divorce, things will change. Even though you may have court orders that outline when and where you should be spending time with your child, eventually down the road you may no longer be able to accommodate this schedule, through no fault of your own.

Today, moving overseas temporarily or permanently for your career is a common occurrence in some industries. In many cases, this could be a great career move, something that could increase your ability to be a providing parent. However, if you have an agreed upon timesharing schedule with the other parent, you will need to work up a modified timesharing schedule to reflect your new location.

Always keep in mind when trying to modify a parenting plan and timesharing schedule, also called a residential schedule, that it should always be in the best interest of the child or children at hand. If it isn’t, you will face resistance from the other parent and the courts may not approve it.

Overall, your residential time will be compromised significantly by an overseas move. The other parent may or may not desire this. It also may or may not be in the best interest of the child. Every case is different and will face its own challenges so it is advised that you discuss your proposed overseas move with a family law attorney experienced in handling post-judgment modifications and international visitation orders.

If the other parent agrees with all the proposed modifications to your residential schedule, you can simply enter in that agreement with the court. However, and this is often the case, if the other parent raises any objection to your proposed changes, you will have to seek the modification of the parenting plan, also called a custody and visitation agreement, through the court.

In either case, the changes to your residential time will be depend on what the other parent agrees to, whether the courts feel the move would be in the best interest of the child, how old your child is, where you will be moving and what resources are available to transport the child.

In most cases, your residential time will lessen or be redistributed in long blocks of time but you can always keep in touch with your child through virtual visitation, texting, email and good old-fashioned phone calls. Because there are so many elements in play here, it is best to speak to an attorney if you are planning an overseas move.

Are you in Los Angles County and have some questions about modifying a residential time schedule? Certified Family Law Specialist Mark H. Karney has experience with complex timesharing issues and knows how to ensure your child’s best interests are looked out for while allowing for changes in the schedule.

Representing individuals in Los Angeles and surrounding areas, Mark H. Karney will listen to your case and, based off your needs, will fight for what you feel is best for your family. Call our office at (310) 393-0236; email us at intake@cfli.com or contact us through our online form today to schedule a free consultation.

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