Are you interested in moving out of the city, state, or country while sharing custody of a minor child? The move will require either an agreement, signed by the other parent, or a court order that authorizes the move of the child. This order is referred to as a “Relocation Order” or a “Move-Away Order.” Please contact a skilled family law attorney now if you are facing any child custody issues in California.
What Happens With Sole or Primary Custody?
If the parent requesting the move has sole or primary custody of the child, the non-custodial parent can challenge or prevent the move by showing that:
- The child’s move away would cause detriment to the child, and
- The parent requesting the move has a bad faith basis for moving.
In the event the non-custodial parent prevails in their argument, the court must then determine whether a change in custody is in the child’s best interest (providing the non-moving parent custody). The court will take the follow factors into consideration when making this decision:
- The reasoning for the move by the parent requesting it,
- The distance of the requested move,
- The age of the child,
- The child’s relationship with each parent,
- The desire of the child – based on age and maturity,
- The current custody/visitation arraignment and how it impacts the stability and continuity of the child, and
- The current percentage of time the child spends with each parent.
What Happens With Shared Custody?
If the parents share custody, the court will grant or deny a California Relocation Order by considering “the best interests of the child.” The public policy in the State of California is that all children should have “frequent and continuing contact with each parent.” That being said, this public policy has not been interpreted to prevent a parent moving away or even require them to prove the move is necessary.
If an agreement or prior court order requires the parties to get the other parent’s consent to be able to move with the child, then the parent requesting the move must show that the request to move away has been made in good faith.
Contact the Family Law Attorneys at Barnholtz & Kugler for Help
There are many different standards, burdens of proof, and detailed analysis when requesting or opposing a Move Away Order. It is imperative that you have counsel that is experienced and will prepare your case, providing the best opportunity to prevail. At Barnholtz & Kugler we have many years of experience in helping parents achieve the best results for their family. Contact us now to receive the quality family law help you deserve.
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