Parent move-away or relocation cases are presented when one parent seeks to relocate the child to a new residence in a different city, state, or even country. Following a marital separation or a divorce, a move-away case can arise as a result of a plethora of reasons. Generally, however, they transpire when the parent with primary custody is relocated for his or her work. When facing a move-away case, consider obtaining the legal support of a qualified family law lawyer. In the State of California, move-away cases are challenging family law cases.
The Move-Away Process in California
In the State of California, the parent who was awarded primary custody of the child by the court may only relocate with the minor with granted permission from the court itself or the other parent. Based on the state’s Family Code §7501, the parent with primary custody has the legal right to change the child’s residence, but is subject to the court’s authority.
A child relocation will require that a new visitation or custody agreement be drafted, whether it is ordered by a court judge or is initiated by either parent. For the most part, the relocation will be allowed only if it does not interfere with the minor’s best interest. To determine whether the relocation will be permitted will mean looking into the minor’s life and determine how the relocation will impact his or her life.
Under Family Code §3040, the family law court system in California will always work to ensure the minor maintains continuing contact with both of his or her parents, only when this is safe for the child. Consequently, it is important that parents consider this when making an argument for or against the relocation.
When making an argument, parents will need to point out how the relocation will not or will interfere with the child’s relationship with either parent.
How to Stay Close to Your Child
It is important to develop a parenting plan after the custodial parent decides to move. This will help both parents have an understanding on how to split time for the benefit of the child.
Thanks to the age of technology, there are many ways to stay connected to your children besides email. The most popular way is virtual visitation through web-based or mobile device technology. Find more information on virtual visitation.
Traveling with Your Children Out of State or the Country
When the other parent wants to travel out of the state or the country, they need the other parent’s permission. This is especially when leaving the country and the other parent will miss their court-ordered visitation. If the other parent cannot be found, you can go to court for the judge to grant permission. During this time, you will need to present information demonstrating your attempts to make arrangements with the other parent.
Both parents should also examine the existing custody court order to ensure they are not violating any travel restrictions. If there are imitations, you will need a court order granting special permission. If special permission is granted, it is a good measure to get it in writing with the dates of travel and additional information. Always carry a copy of the order in case you need to show it to authorities such as border patrol or airport staff.
The California Child’s Best Interest Standard
Can a noncustodial parent claim detriment? Yes, the court will respond with a “best interest” analysis.
If the parents shared joint physical custody but one of the parents wanted to move, you should have an experienced attorney review your situation. The California supreme court has provided guidelines in a case called Marriage of LaMusga if detriment analysis is needed.
Choose a Family Law Attorney Who Can Help
In California, move-away orders are determined on a case-by-case basis. The court will carefully assess the family dynamics and review the facts before making a decision to grant or deny the petition. For this reason, it is absolutely necessary to seek the legal support of a skilled parental move-away attorney who is well-versed in family law matters and understands how to best navigate the law for your advantage.
