Child Custody and Relocation (Move-Away Case) in California
When parents file for a legal separation or divorce, this naturally brings changes to their families. For many families, some parents move out of the family home and possibly begin a new job in the hopes of starting a new life. Following a divorce, a judge cannot force the parents of the child to remain in the state. Despite this, a family court judge may change the child custody order to serve the needs of the child when one parent decides to relocate in a move-away case. If you are uncertain whether relocation will affect your custody order, discuss your case with a well-versed family law attorney. The Riverside family law attorneys at the Knez Law Group, LLP can help.
For more than 50 years of collective legal experience, the attorneys at the Knez Law Group, LLP have represented clients facing family law matters, including child custody cases. If you have questions about your case, you can expect tailored legal advice from the attorneys at the Knez Law Group, LLP. Schedule your free consultation today by calling (951) 742-7681 or complete the quick and confidential online contact form here.
Child Custody Basics
When the parents of a child make the decision to split up, they or a family court judge will need to decide who the child will live with and how a visitation order will take place. A judge will create a child custody arrangement that is based on the minor’s best interests when the parents cannot reach an agreement on their own.
Child custody orders are unique and should cater to the needs of each individual family. A child custody order will designate who has physical custody or the child, legal custody, and it will also set forth a schedule for visitation. In California, parents can share legal and physical custody, or one parent can have the sole physical custody of the minor while both parents share joint legal custody. When one party is the primary custodial parent, this can provide an advantage when it comes to relocation proceedings. Regardless, a noncustodial parent may be able to overcome this advantage when certain factors are present.
Can Custodial Parents Move Away With the Child?
Custodial parents have a legal right to move homes with their child so as long as this does not interfere with the best interests of the child. Based on California law, parents will need to provide written notice of the plan to move away. With a notice in advance, the parents will have the opportunity to work out a new visitation or custody agreement. Nonmoving parents have a right to object to the proposed relocation. They can also ask the court to modify the child custody order.
If the relocation is challenged, the court has the Solomon-like task to determine whether the move is in the best interest of the child and any detriment that may be caused by the move. The court will consider many factors in making the determination, including the following articulated in LaMusga[1]:
- the children’s interest in stability and continuity in the custodial arrangement;
- the distance of the move;
- the age of the children;
- the children’s relationship with both parents;
- the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests;
- the wishes of the children if they are mature enough for such an inquiry to be appropriate;
- the reasons for the proposed move; and
- the extent to which the parents currently are sharing custody.
Obtain the Support of an Experienced Family Law Attorney
Move-away orders in California can be very complex and there may be broad discretion of the courts. Since these cases are very important and as a result of their complexity, it is highly recommended that parents retain the support of a qualified family law attorney who can help.
With many years of dedicated experience, the Knez Law Group, LLP can assist you as you seek or respond to a move-away order. Obtain a complimentary consultation with the firm today by calling (909) 742-7681 or complete our contact form here.
[1] In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1101
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.