Family Matters.
When It Really Matters.

How do move-away situations work in California?

On Behalf of | Mar 14, 2023 | Child Custody and Visitation

Parents in Carlsbad and north San Diego County may have to move for a number of reasons.

For example, a parent may have the offer of a better paying job or other economic opportunity. Sometimes, family situations could compel a parent to move with their children.

Unfortunately, parents do not always put their children’s best interests first when they decide to move. Too often, California parents may choose to move to prevent the child’s other parent from having a relationship with the child.

No matter the reason, a parent who wants to move and who is subject to a child custody order because of a divorce or other legal case must follow their court’s orders.

Their order may have requirements setting out whether they need to let other people know about their plans to move and how to give them a chance to object. If a parent does not follow these orders, they can face serious penalties.

Generally speaking, a parent who has sole physical custody will have an easier time convincing the court to allow a move. In these cases, the other parent will usually need to show that the move will actually hurt the child.

On the other hand, if a parent has joint physical custody with the other parent, the parent wanting to move will have to show that the move is in the child’s best interest.

How courts actually decide relocation cases will depend on the distance of the move and the new place of residence. It will also depend on the reasons for the move and how the existing parenting arrangement is working.

A parent involved in a relocation case will need to understand their rights

No matter which side a parent is on, California child relocation cases are often difficult.

Frequently, Carlsbad parents simply cannot come to an agreement, even when they are both acting in good faith.

One parent may have strong reasons for wanting to move, but the other parent may have an equally strong argument that a move will cost them valuable time with their children.

A parent going through a contested move-away case will want to understand all of their legal rights and options and work hard to put together a convincing argument for their position.