A Move Away Case is when one parent wants to move with the parties’ children out of the area — which will affect the other parent’s visitation with the children. The move can be within California, to a different state, or even internationally to another country. The mother or father may want to relocate immediately after divorce or separation, or the need to move might come up later, requiring modification of a child custody / visitation order.
These types of cases present some of the most difficult decisions for a judge to make. The law in this area can be very complicated, which is why you need an experienced child custody attorney to handle your move away case. Murrieta attorney Kim Roberts has handled many move away cases and has that experience.
California is a permissive move away state which allows the primary parent to move with the children unless the move will be detrimental to — or, roughly, will have harmful effects to — the children’s welfare. If the other parent is able to prove the move will be detrimental to the children’s welfare, then the court decides whether it is in the best interest of the children to move with the moving parent or to change custody and stay with the other parent.
If the request to move away occurs before there are final custody orders in your case, then the court uses only the best interest analysis and neither party has to prove detriment. In addition to the usual factors the court looks at to determine what is in the best interest of the children, in a move away case, the court must consider the effects that relocation will have on the health, safety and welfare of the children.
Having a family law attorney experienced in move away cases is important, both in negotiations and deciding what information to present to the court.
The Law Office of Kim Roberts, located in Murrieta, serves clients in Temecula, Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your legal needs. We look forward to working with you.