A recent child custody case here in California highlights relocation or move away child custody issues and the best interests of a child. Divorced parents in this case shared custody of two children. 3 Years after the divorce the father approached the Court saying the mother was prohibiting the children from participating in little league baseball and other after-school activities.
The mother asserted her husband was abusing the children and that his animosity toward the mother was affecting the best interests of the children. The mother took the children and moved 50 miles away during the proceedings.
This recent child custody case here in California highlights relocation or move away child custody issues and how the courts will view parents who relocate with children without the permission of the Court.
Following hearings in the case the Court gave the father full custody and provided the mother with weekend visitation every other weekend. The Court chastised the mother for not discussing the issue in more detail with the father, and for taking the action of moving away which was detrimental to the kids well being.
The trial judge further found the father was more “supportive of their involvement in the local community” including their participation in extracurricular activities.
This recent child custody case here in California highlights relocation or move away child custody issues and the best interests of a child. Some of the most important take-aways from this case include, but are not limited to:
(a) It is never wise to take children and move out of the area or out-of-state without the express written permission of the court during a marriage, the process of a divorce, or in shared custody cases, and
(b) the Court takes assertions of child abuse quite seriously, but unfounded allegations and other detrimental behavior can and will affect present and future child custody and parenting time orders.
If you are concerned about divorce or child custody and parenting time issues or the threat of a move-away or out-of-state relocation we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.