Move-Away Custody

After a divorce many things in life change. Living arrangements and changing jobs are among one of numerous reasons a parent may choose to move away after a divorce. The court understands these needs, but also understands the detrimental affect such a move may have on your children. It is important to understand how your children will be affected by moving away and approach the process by focusing on their best interest.

If you are looking to move away before a permanent custody agreement exists the court will look solely at the best interest of your child. The court has wide discretion to determine the best interest of a child and may look at the circumstances of your case and apply the factors listed in Cal Family Code 3011. One important factor is allowing a child to maintain a relationship with both parents. The courts take these decisions very seriously and will attempt to create an agreement that balances you need to move and your child's best interest.

If you have an existing permanent custody agreement the court will handle your case differently based on if it is sole or joint custody. If it is joint custody the court will use the same approach described when there is no custody agreement in place. The issue will be decided solely on your child's best interest.
If you have sole custody you have a presumptive right to be able to move away with your child. However this right is balanced by any detriment it would cause to your child. This triggers the changed circumstances standard and your co-parent has the burden to prove moving would be detrimental to your child. The typical reason is loss of relationship with the custodial parent and these are always challenging decisions to make.

It is important to remember that it is easy to define the rules and standards applied by the court. However, it is much more difficult to actually put forth an argument. In most cases both parents will be able to make numerous valid points about the best interest of their child and the courts will be left with a hard decision to make. It becomes important to begin balancing the benefits and hardships that will be caused by the move.

It is also possible that it is the non-custodial parent who is moving away. This raises a slightly different question but concerns many of the same standards. If you have an existing custody agreement changed circumstances is generally the burden you must prove to modify that agreement. When a non-custodial parent moves away it is possible the move affects existing visitation rights and it may be adequate to prove changed circumstances. In these cases in may be possible to get a modification that would allow for less frequent but longer windows of visitation.

Move away custody can come up in many ways and an attorney can help you understand the details of your particular case and how they will effect a decision.