Careful Planning and Preparation Are Crucial In Any Move Away Custody Case

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Move Away Child Custody Cases in Southern California

Are you a parent looking to relocate from California to another state, or are you sharing custody of your child and want to oppose a relocation request? No matter which it may be, preparation and representation are crucial in achieving the best possible outcome for your case. Here is a list of some of the factors that a judge will consider when deciding whether or not to grant the move away request.

Some things courts will consider when determining move-away requests

  • Which parent (if either) has an actual, or de facto, primary custodial relationship prior to the requested move
  • The good faith reason for the move (ex. job opportunity) -not designed to simply get away form the ex spouse (this is in turn mitigated if there is a history of Domestic Violence)
  • Distance of the move being considered/requested and the logistical issues raised include travel time, cost, etc.
  • The child’s age can be a large factor in the judge’s decision as it may be more difficult for younger children who haven’t had proper time to develop parent/child relationships-or older children who while more physiologically and psychologically developed and bonded have concurrently formed strong bonds with friends, schools, extended family, etc.
  • Any history of violence within the household(s)
  • The current and historical relationship between the parents
  • Ability to maintain proper medical treatment at both locations
  • The parents’ ability to Co-Parent or a lack of willingness to do so
  • The “best interest” of the child
  • The child’s preference and feelings about the move (depending upon the age)
  • An overall assessment of the “detriment” of the move. This issue was given overriding importance in the most recent California Supreme court case on this subject. In such cases, even where a permanent custody order is in place, the custodial parent’s right to relocate with a child remains subject to the changed circumstance rule. (In re Marriage of LaMusga (2004) 32 Cal.4th 1072) 1088-1089 (LaMusga).
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“I Highly recommend Custody Queens!! I am so Thankful for all of their hard work. Mr. Jeremy Roark is extremely professional, trustworthy, and very knowledgeable at all he does when working on his cases. I had the privilege to have him as my attorney. I can truthfully say he is trustworthy. As a mother facing custody issues, this was one of the most stressful situations I have had to face. Having to fight for your rights & keeping your child best interests at heart is not easiest to have to battle. I truthfully wish this on no family, but custody battles are reality. Jeremy helped ease the stress & guided me through it all. I highly, highly recommend his services. He puts forth all efforts, knowledge, focus, & pays extremely close attention to all details. Thank you Jeremy Roark!!”

Aurora R.

If you’re planning to relocate,

filing a move away request is not one that should be delayed or managed on your own. If your child’s other parent has filed a request, you should also seek counsel and representation in order to present a solid case for opposition.

Our team is experienced and adept at assisting parents with the preparation required to present a case for relocation. We take our time to ensure that you understand exactly what you should expect, whether you seek a move away or oppose one.

Our goal is always to give you and your family a chance at the best possible outcome.

We look forward to speaking with you and assessing your case needs.

PLEASE NOTE: The material and information contained on this website is for general information purposes only and is not intended to be legal advice. It does not create an attorney/client relationship in any way, shape or form. Custody Queens are attorneys at law, licensed to practice in the state of California and have based the information presented on US laws. All cases are different and nothing in this content is intended to suggest any particular result for your matter. Custody Queens has no control over and accepts no liability in respect of materials, products or services available on any website which is not under the control of Custody Queens. Certain links in this website will lead to websites which are not under the control of Custody Queens. When you activate these website links, you will leave the Custody Queens website. Therefore, we have no control over and accept no liability in respect of the materials, products or services available on the third party websites, which are not under control of Custody Queens. There is no substitute for seeking out advice from a competent Family Law professional and you should always consult with an attorney before you rely on this information.