What happens regarding custody when one parent wants to move out of California? If you or the other parent wants to move out of the state with the children, you should speak to an experienced Orange County child custody lawyer who can discuss the process with you. At the Law Offices of David P. Schwarz, we understand that each case is different. We can closely examine the circumstances of your situation and help you understand how California custody laws may apply to you. We have helped many Southern California residents resolve their family relocation concerns, and we can help you as well.Pursuing a Family Relocation Arrangement
In California, a move-away case takes place when a parent who has sole or joint custody of a child moves to a location that disrupts the custody arrangement that is in place. Whether the move is 40 miles or 400 miles, if it affects the current custody agreement, a new order will be needed. Parents are free to come up with their own parenting plan, which may be submitted to the court for approval. However, if the parents cannot agree, the court will decide for them.
As long as it is deemed to promote the child’s best interest, California law allows the custodial parent to change residences if necessary, even if moving would affect the non-custodial parent’s visitation. When using the “best interest of the child” standard, courts have broad discretion to examine any factor that may be relevant. Some common examples include the child’s age, the child’s wishes, the child’s current living situation, the ability of each parent to look after the child, the child’s health, the child’s needs, and the amount of time that each parent spends with the child.
Typically, a parent who has a permanent child custody agreement for sole legal custody and physical custody can move away with the children unless the other parent can demonstrate that the move would not be in the best interest of the child. Put another way, the non-custodial parent has the burden of convincing the court that the move will have a detrimental effect on their relationship with the child, and the child would benefit from maintaining that relationship. If the parents share custody of a child, and one parent opposes the move, custody laws in California provide that the parent who wishes to move has the burden of showing the court that the move is in the best interest of the child.Discuss Your Family Relocation Matter with a Child Custody Lawyer in Orange County
Family relocation cases may create challenging situations. If you are involved in a child custody dispute or facing a family relocation issue, you should consult an Orange County child custody attorney in a timely manner. With over 20 years of experience, we can answer your questions and address your concerns. The divorce attorneys at the Law Offices of David P. Schwarz assist parents in Mission Viejo, Laguna Hills, San Clemente, Dana Point, Lake Forest, Huntington Beach, Costa Mesa, Fullerton, Yorba Linda, Orange, Irvine, and Newport Beach, as well as other Southern California cities. For more information about your legal rights and options, call us at 949-735-9266 or contact us online to set up a consultation.