In many instances in a divorce or custody dispute, one parent may want to move and relocate a relatively far distance from the other parent, thereby, affecting the timeshare of the other parent significantly.

The primary parent, especially the one with sole legal custody can move away without the court’s order or consent by the other parent. However, in the case of joint legal custody where timeshare is shared or one parent is the primary custodial parent, it becomes much more involved and litigious as the consent of the non primary parent, or a court’s order to allow the move-away, must be obtained.

Under California Family Code Section 7501:

“A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”

The interpretation of this statute has been litigated and contested through the courts as courts on both sides of the argument have handed down opposing rulings.

It is critical that you hire an experienced Orange County child custody attorney knowledgeable in family law case law and the California family law code concerning move-away issues will be very beneficial and advantageous in a highly contested dispute between parents. An expert custody evaluator will likely be involved in these matters, and an experienced attorney will make the process less stressful.

If you are in the middle of a custody dispute over your children, contact the experienced Orange County child custody attorneys at Wallin & Klarich in San Bernardino, to protect your rights as a parent. Our attorneys have helped numerous mothers and fathers in asserting and enforcing their rights as parents. Call Wallin & Klarich today at 1-888-280-6839.