Parents who share custody of their children face a difficult dilemma when one parent decides to relocate to another state or even county within the same state, and wishes to take the children with him or her. This is referred to as a "move-away" request.
The sheer distance of a move will often make it impossible for parents to share the same custody and visitation schedule that they held before. It can make it impossible to share anything close to equal time with their children causing one parent to have far more time with the children than the other parent.
Our attorneys have handled many of these cases and will be there to help you address this often stressful situation.
Factors Considered in Move-Away Actions
A large number of important legal presumptions, burdens of proof, and circumstantial factors may come into play in a move-away action. Ultimately the court will consider what will be in the best interest and welfare of the child or children involved.
Some considerations include:
- The status quo, such as who has been the children's primary caregiver, where the children have been living, going to school, associating with friends and relatives, etc.
- The quality of life that the children will enjoy at their proposed new residence.
- The quality of education to be provided at the new residence compared to the former residence.
- The children's preference, particularly when they are 14 years of age or older.
- Any other factor relevant to the welfare and best interests of the children.
- Whether there is evidence that one of the parents neglecting his or her financial obligations or visitation schedule.
Opposing a Move-Away? Speak with Our Family Lawyers.
If you are opposing a move-away, it is important to act as quickly as possible to obtain temporary orders to prevent the move-away pending final determination by the court. We are experienced in handling move-away actions and have a strong command of the law. We will work with you to formulate a plan to best defend or prosecute your move-away action. We serve clients throughout Orange County, San Diego County, and the surrounding areas.