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.
Frequently Asked Questions
What happens if my co-parent moves out of state without court permission?
If your custody order requires consent or court approval before relocating with the child, a co-parent who moves without that permission may be in violation of the existing order. You may have emergency legal options, including asking the court for a return order or modification of custody. It’s important to act quickly and speak with an attorney as soon as you learn of an unauthorized move.
Can a parent move away with a child if there’s no custody order in place?
If no formal custody order exists, the legal standards are less clear-cut, and either parent generally retains equal rights to make decisions about the child, including relocation. However, moving without informing the other parent can still create legal complications and may prompt the other parent to seek an emergency custody order. Getting a formal custody arrangement in place is often the safest first step.
What are the LaMusga factors in a California move-away case?
The LaMusga factors come from In re Marriage of LaMusga, the California Supreme Court case that established the standards courts use when deciding whether to allow a custodial parent to relocate with a child over the other parent’s objection. These factors include the reasons for the proposed move, the child’s age and relationship with each parent, the distance of the move, and the impact on the child’s stability and existing custody arrangement.
What emergency legal options exist to stop an international relocation?
If you believe a co-parent may attempt to move a child out of the country without consent, courts can issue emergency orders, including travel restrictions or a hold on passport issuance for the child, to prevent departure while the underlying custody dispute is resolved. Because international cases can move quickly, prompt legal action is critical.
How long does it typically take to get a move-away order decided in California?
Timelines vary significantly based on the county, whether the case is contested, and whether emergency relief is requested. A contested move-away case involving a full evidentiary hearing can take several months, while emergency requests to prevent an imminent move may be heard on a much shorter timeline.
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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