Move away child custody cases in which one party seeks to relocate with his or her child to another area can be some of the hardest to come to a ruling on. Especially when the requested destinations can be across the country. When the custodial parent makes a decision to move, and if the Court grants the move, it can lead to heart-breaking decisions regarding the child and how the other parent will be able to still be involved in their child’s life. In cases where the Court denies the move for the custodial parent and the parent has no choice but to move away (for a job, remarriage, etc…) it means the child will be separated from the parent with whom they might have the closest bond.
California Decisions with Child Custody and Relocation
While states have different laws regarding move-away relocation custody, generally deciding what is in the best interest of the child is the main governing practice. In California, a state with permissive move-away laws, the burden of proof falls to the non-custodial parent to prove the move will be harmful to the child.
Major Factors for California Courts with Child Custody and Relocation
Here are some major considerations that California Courts take into account:
– There will be stability and continuity in the child’s life
– Distance of the move
– Reason for the move
– Age of Child
– How able are the parents to co-parent
– Wants of the child – such as where they want to live
– The child’s individual relationship with each parent
Most Important Factors Regarding Relocation
Moves can be difficult regardless of custody issues. It’s important that you consult an attorney that can advise you on the various specific factors of your case. In the end it’s most important to keep the child’s best interests at the heart of every negotiation.
For advice on child custody and move-away relocation and all it’s aspects, you need the expert law firm of Korol and Velen, certified family law specialists. Schedule a consultation today.