According to the recent decision in F.T v. L.J., the custodial parent does not have the presumptive right to change a child’s residence absent a final determination of the custodial arrangement.  Therefore, if the custodial arrangement is only temporary and no final Judgment on the issue of custody has been entered; neither party has the presumptive right to move without court involvement.  In this case, the child had lived with his mother for the first year of his life.  In 2007 the mother burned the child’s arm with a hot curling iron, trying to teach him a lesson of how hot the curling iron was.  When father picked up the child for his visitation he immediately took the child to the hospital.  Child Protective Services was involved and mother was only allowed to have supervised visits with the child.  Mother pled guilty to child endangerment.  In 2007 father filed an Order to Show Cause requesting sole legal and physical custody of the child.  The trial court ordered the parents to mediation, but restricted mom’s visits to being supervised.  The mediator recommended that father have legal custody of the child and primary custody, mother to have supervised visits.  The parties stipulated that the mediator’s recommendations be the order of the court.  No final judgment was ever entered in this case.  Father later sought a move away to Texas.  The court appointed a 730 evaluator to determine what was in the best interests of the child.  The 730 evaluator felt that it would be detrimental to the child to move out of state because of the child’s bond with mother.  A custodial parent has a presumptive right to change a child’s residence, however, that may be rebutted by a showing by the noncustodial parent that the move is detrimental to the child.

Move away cases are very difficult and legal requirements must be followed.  It is very important to consult with a knowledgeable family law attorney on the issue of move away. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a custody case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a custody case, call us today at 1-888-749-7428 for a consultation.