The world is becoming increasingly mobile and people often relocate for employment, familial and personal reasons. For parents with child custody arrangements, a move-away order may be necessary. The law office of David J. Crandall represents individuals who are interested in relocating with the children, as well as individuals who oppose the move. As with all California child custody cases, the best interests of the children are the primary focus of the court when considering a request for or challenge of a move-away order.
If you have questions about a child custody and relocation matter, please contact an experienced lawyer at the law office of David J. Crandall. We have extensive experience and skill representing parents through child custody disputes in the San Fernando Valley and Ventura County.
Child Custody and Relocation Laws in California
When a parent wishes to relocate with a child to a location that is relatively far from the other parent, the relocation could adversely affect the noncustodial parent's child visitation rights. Therefore, California family courts require the relocating parent, when feasible, to notify the noncustodial parent in writing at least 45 days prior to relocating. This enables the noncustodial parent the opportunity to challenge the move and provides the parents with the opportunity to modify the existing child custody and visitation arrangement, if necessary.
Move-away cases are inevitably emotionally charged, as one parent worries about jeopardizing his or her parental rights and the other parent looks forward to a post-divorce future. Our family law firm offers experienced, compassionate and highly skilled legal advice to parents dealing with either side of this delicate child custody matter.
Shared Parenting Custody and Relocation
If the parents share physical and legal custody to the extent that the children spend at least 40 percent of the time with each parent, the court must determine what is in the best interests of the children, considering multiple factors:
- The reasons behind the proposed move (employment, remarriage, other opportunities)
- The distance of the move
- The age of the children
- The children's relationship with both parents
- The children's need for stability and continuity
- Other factors as deemed appropriate by the court
In move-away cases where one parent has primary physical custody more than 60 percent of the time, the parent will be considered to have a right to relocate with the child unless the other parent can demonstrate that the move is in bad faith or that the move would be detrimental to the welfare of the children.
Contact an Experienced Family Law Attorney
Understanding your rights and obligations in matters pertaining to child custody and relocation can be challenging. If you have questions about the process for requesting a move-away order or need assistance challenging a request, we have the experience and knowledge to provide the skilled legal advice you need. Contact us for a free consultation to discuss your concerns with a lawyer.
Our law firm has been serving clients throughout the San Fernando Valley and Ventura County since 1974. Our fees are always competitively priced.
