There is nothing more important to any good parent than protecting the well-being of their child. That said, when it comes to divorce, often, one parent is given the right to spend more time with the child than the other parent via their custody agreement/parenting plan. However, just because one parent is primary physical custody of a child doesn’t mean that the other parent has no say in raising the child, especially if that parent shares legal custody. For this reason, if you’re a custodial parent and are looking to move away with your child, the process may become more complicated. Please continue reading and reach out to our experienced Los Angeles relocation attorneys to learn more about move-away cases in California and how our legal team can fight for the best interests of your child.
What happens in move-away cases in California?
The first thing you should understand is that courts do not take move-away cases lightly. These are significant decisions that can have a significant impact on a child’s life. Of course, when referring to a “move-away” case, we aren’t talking about moving down the road, or even a town over. Typically, the phrase, “move-away case” refers to a parent moving out of state with their child. That said, if a parent has sole physical and legal custody of their child, they likely can move wherever they’d like with their child without their ex-spouse’s permission. However, if the spouses share legal custody, at the very least, the spouse with primary physical custody won’t be able to leave the state with the child as easily, especially if the other parent opposes the move. In this case, they will have to get permission from the courts to move away with their child by proving that moving away would work in their child’s best interests. Just some of the factors that courts will consider in move-away cases are as follows:
- The reason one spouse is looking to move away with their child
- The reason why the other spouse opposes the move
- Whether you’re looking to move away to get a new job, which would benefit the child economically
- Whether you’re looking to move away to help keep your child safe
- Whether the move would otherwise benefit the child educationally, socially, or economically
Ultimately, courts will consider your child’s best interests over all other factors. The bottom line is that if the courts don’t think the move would work in your child’s best interests, they likely won’t approve of the move.
Contact our experienced Los Angeles firm
For the qualified, dedicated legal representation you and your family deserve and need through any family law or divorce matter, contact Zitser Family Law Group, APC today.