Move Away Issues In Child Custody Cases In California Divorces

When the custodial parent relocates to a different geographical location with the child, the issues that arise are known as ‘move-away cases’. It creates a problem in following the custodial agreements which have been established by the court. In many cases, it is the non-custodial parent who suffers.

Move-away cases are difficult for non-custodial parents because that parent also has equal rights over his/her child. However, there can be many reasons why a move-away case arises. It could be the fault of the custodial parent who wants to create a deliberate distance between the child and the other parent. Or it could be the non-custodial parents fault which has “forced” the custodial parent to relocate to a different place. Move-away issues often has negative impact on the child because parental plans are made after considering different factors of which the child’s mental health is the most important. Except in cases where the non-custodial parent clearly violates the parental agreement, move-away requests can become complicated issues.

Negative impact on child

At the center of a divorce are the children and more than often, they get negatively affected by issues like move-away cases. A California court weighs its child custody decision heavily on the best interests of the children. Children need the attention of both parents when they are growing up. Move-away cases disrupt the arrangement and therefore negatively affects their psyche.

Custody relocation laws

As of now a California court does not prohibit custodial guardians from moving away to a different geographical location. However, there can be special rules which prevent the relocation of custodial parents to a different location without consent from the non-custodial parent or a court order. Custodial parents who want to move to a different location with their children must be aware that to do so, they must first file a request for order for an order allowing a move-away with the California court which will be litigated.

Conclusion

Move-away cases happen after the custodial parent seeks to relocate to a different place with the child. It sometimes affects both the child and the non-custodial parent.  Non-custodial parents should ensure that such issues are clearly mentioned in the parental plan.  Do not just move away without consent or a court order first, or you could be ordered to return your children to the other parent.

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Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.