August 22, 2013 By Paul Wallin

We receive calls every day asking questions regarding move away rights and child custody. In today’s world, new and exciting job opportunities often are found in other states and even in other countries. When you know you can better your family’s financial future by taking this new job, can you take it without jeopardizing the custody of your children? How can I obtain move away orders to maintain custody of my children?

The answers to these questions are complicated and will depend upon whether the judge in your case feels it is in the best interest of your children to be allowed to move with you. Move away cases are some of the most complex family law issues. There are several steps and multiple legal standards involved. Therefore, it is important your move away case is handled by the knowledgeable family law attorneys at Wallin & Klarich. We have the experience necessary to achieve the best outcome in your case.

How Does the Court Determine Best Interest?

Move Away Orders
If you accepted a job offer out of state, you can obtain move away orders to keep custody of your child.

The difficulty in having move away orders granted is that the general rule is the courts want both parents to have a healthy and ongoing relationship with their children. This normally means having regular contact with them. If you are allowed to move away, this will definitely impact the relationship between the other parent and your children.

The court will look at many factors as outlined in California Family Code Section 3011 including:

  1. How can the other parent continue to have visitation with your children? This can be in person, via phone, Skype or other ways to communicate through technology.
  2. Who will pay for the transportation expense when the children visit the other parent?
  3. Can the other parent travel on a regular basis to the new state or country where you will be residing?
  4. Is the new job really a major step up in terms of your family’s financial future?
  5. Can you obtain a similar job offer in the county where you currently reside?
  6. Will the school system where your children go to school be better or at least at the same level of quality as their current school system?

Call Wallin & Klarich to Help You Obtain Move Away Orders

There are many more things the court considers as well in deciding whether to permit you to move away with your children when a new job opportunity awaits you. If you are facing such a move away case, contact Wallin & Klarich so we can begin to help you. We can answer all of your questions so you can make the best decision possible in your case.

We have over 30 years of experience successfully obtaining move away orders and dealing with other family law issues. We have also represented parents who are opposing a move away request. This allows us to know both sides of the issue and makes us better equipped to help you win your case.

Call us today at (888) 749-7428 for a free no-obligation phone consultation. We will be there when you call.

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