In child custody proceedings, parents are often faced with the decision of having to move to a different city, county, or even another state. If the parent that seeks to move away wishes to take his minor children with him or her, they must either receive the consent of the other parent or a court order.
Move-Away Court Procedures
In the past, the court first examined the procedural history of the case, and whether or not there were any existing custody orders. Next, the court looked at whether it was appropriate for the child to move, considering the best interests of the child, the relationship between the child and the non-moving parent, and the motives of the parent seeking the move. Often times, a court would ask whether the moving parent would go forward with the move if the court denied his or her request to take the child with them. However, recent case law has changed the guidelines the court may consider when ruling on a move-away request.
This includes deciding what custody arrangement would be in the child’s best interests assuming the parent will go ahead with the move. Further, it is no longer proper for the court to coerce the requesting parent to reconsider the move, nor is it allowable for the judge to ask if the moving parent will move even if the court does not allow the child to go with the parent. This means that if a move-away is requested, there will be a change in the custody orders, regardless of whether the requesting parent goes through with the move or not. If granted, the move-away request may provide the moving parent with substantially more time; if denied, the move-away request may provide the non-moving parent with significantly more time under the assumption that the moving parent will in fact move away.
Call the Child Custody Attorneys at Wallin & Klarich Today
A move-away request in custody proceedings can be very technical and complex. Let an experienced family law attorney review your case and assist you achieving the appropriate orders. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. For over 30 years, Wallin & Klarich has successfully handled child custody and move-away cases.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, Ventura, San Diego, Victorville, West Covina, and Torrance, there is an experienced child custody attorney available to help you no matter where you work or live.
Contact us today at (888) 749-7428 for more information. We will get through this together.