Move-Aways or Relocation Disputes Under California Child Custody Law

Do you need to move away from the area, or is your ex asking to move away? With the increasing number of divorces and the downturn in the economy, it is not surprising that parents ask to move out of the area. You may need to move to get a job, or move closer to family members who can help take care of the kids. The court's move away ruling will have a dramatic affect on both the parents and the kids. Not surprisingly, requests to move-away with the kids are some of the most litigated and costly child custody cases.

How the trial court will likely rule in a move-away dispute depends on several factors, as described in greater detail in the California Supreme Court’s decisions in Marriage of Burgess (1996) 13 Cal.4th 25 and Marriage of Lamusga (2004) 32 Cal.4th 1072:

• Are you asking to move away as part of your first determination? If so, the courts will decide whether moving away is in the child’s best interest.
• Do you have an existing order, and now want to move away? If so, the court will evaluate this depending on the terms of the existing custody order
• If the parents shares physical custody, then a move-away may be appropriate if it is in the child’s best interests.
• If one parent has the majority of physical custody (60% or more), that parent will be presumed to have the right to move with child without the other parent’s consent, unless the non-custodial parent can show that the move is done in bad faith, i.e., intending to interfere with the non-custodial parent’s visitation or the move will be detrimental to the child’s welfare, including a showing that the move will have a detrimental effect on the child’s relationship with the non-custodial parent after the move.
• If the court is evaluating the move-away using a “best interests” standard, the court will consider, for example, the child’s needs for stability and continuity; the distance of the proposed move, the child’s relationship with both parents; the parents’ ability to work together and put the child’s interests above their own; the child’s wishes (if of sufficient age and capacity to state their preference); and the reason for the proposed move.
• As stated above, move-away disputes are some of the most litigated and costly child custody disputes. At JC Law Offices, we understand that such disputes are often a “winner-take-all” matter. Whether you are seeking a move-away or opposing one, contact our offices for an in-depth review of your case.

• Please Contact Us today for a consultation regarding move-away and relocation disputes affecting your custody.