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How Do Judges Evaluate Relocation and Move Away Cases

On Behalf of | May 1, 2020 | Child Custody and Visitation

How do judges evaluate relocation and move away child custody cases in Carlsbad and North County? While each case is unique and highly dependent upon the individual children and the facts of the case there are a few issues which must be consistently evaluated by the court in a relocation or move away child custody case.

The most important issue in these cases from a legal perspective is “the best interest of the child.” This could be different for each child, but in general the court will need to learn:

  • How the prospective relocation will affect the child(ren)’s relationship with the remaining parent
  • What the new location offers to each child in terms of health, education, support of close family and friend connections and other opportunities
  • The reason behind the relocation itself

In California, most of the legal burden in these cases lies on the parent who is not planning to move away with the child(ren). It will be necessary to prove how a proposed relocation would be detrimental to the best interests of the child(ren) and why it would have a negative impact on their day-to-day life.

It is also important to prove how the proposed relocation would negatively impact the existing and future relationship between the remaining parent and their child(ren). It is often important to gain the insight of educators, psychologists and counselors and other professionals who will contribute insight into the child’s best interests.

The courts often seeks the input of the child(ren), especially if they are 14 years of age or older.

Ultimately, judges evaluate relocation and move away cases based upon the best interest of each child. If you are interested in relocating with children after a divorce, or are concerned about the possibility of the other parent leaving the area with your child(ren) we invite you to contact our Certified Family Law Specialists or call 760-389-3927 to schedule an appointment with one of our experienced child custody attorneys.