Move away child custody cases can be some of the most difficult child custody decisions, especially if a parent seeks to relocate to another part of the country, or even out of the country. When a custodial parent makes the decision to move it can make it seem almost impossible for the other parent to stay involved in their child’s life. But if the custodial parent’s request is denied by a court, and they are still forced to move away as a result of a job or remarriage, it can mean separating a child from the parent they feel the closest to.
California’s Child Custody and Relocation
States have different laws regarding move-away relocation custody. Typically determining what’s in the best interest of the child is a main governing practice. California is a state with permissive move-away laws. So, often, the non-custodial parent must prove that the move will be harmful to the child’s well being.
Major Factors for California Courts
Here are some considerations California courts take into account when deciding on move-away relocations:
- Will there be stability and continuity in the child’s life?
- How far is the distance of the move?
- If there a strong and necessary reason for the move?
- How old is the child?
- Will the parents be able to still co-parent?
- What does the child want? (This will be based on if the child has been deemed responsible and mature enough to make this decision)
- What are the child’s individual relationships with each parent like?
If you are being faced with child custody relocation, you’ll want to work with a skilled and experienced attorney. Often time these cases can be difficult, especially if you are the non-custodial parent fighting against relocation. An attorney will be able to look at your case and determine the best course of action.