Move-away Cases

Move-away cases involve a custodial parent seeking a court order permitting him or her to move with the children a significant distance away from the other parent. In many cases, the move away can severely interfere with the non-moving parent’s access to the children. Not surprisingly, move-away cases are often the most difficult and emotionally-charged cases in family law.

Pursuant to California case law and the Family Code, the custodial parent has the presumptive right to move away with the children based on the best interests of the children standard.  A major restriction, however, is a move away that is made in “bad faith.” For example, if the sole purpose of the move away is to disrupt the non-moving parent’s time with the children.

In cases where there is an existing child custody order and the custodial parent seeks a move-away court order, the court will look at the nature of the existing child custody order, the best interests of the children, and/or and whether the move will be detrimental to the welfare of the child.

If you are considering moving with your children, or if the other parent is considering moving with the children, you should speak with a qualified child custody attorney immediately.  In these cases, more than almost any other, time is of the essence.

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