In a move away case, the noncustodial parent must demonstrate that the proposed move will cause the child(ren) detriment, which requires a reevaluation of the custody and visitation order. A noncustodial parent seeking modification of child custody based on the custodial parent’s move away bears the same detriment burden even when underlying custody order was established by default. Once the detriment from the proposed move is shown, the best interest analysis applies.
The courts have broad discretion as there are no clear rules in these types of cases. As long as the trial court follows the proper legal standards the appellate courts must defer to the trial court’s exercise of its broad discretion in resolving modification requests associated with a proposed move. If the custodial parent looses the move away request the custody and visitation schedule would remain the same as long as the custodial parent does not move. Some custodial parents chose to give up custody of their child(ren) if the courts do not grant their move away request. Move away requests are very complicated and matters that the court takes seriously. It is important to consult with a knowledgeable Orange County child custody attorney to make sure that the case is presented adequately.
Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a child 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 modification of custody, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form at www.wkfamilylaw.com.
