Move-Away Cases in California | What You Should Know

mother and child

If you are a divorced co-parent, there is a very good chance that may wish to move away, or relocate with your child. Oftentimes, this is not an issue, however, there are times where move-away cases can become quite complex. Please continue reading and speak with our experienced California family law attorneys to learn more about move-away cases and how our firm can help you and your child. Here are some of the questions you may have:

Can I relocate with my child if I have sole custody?

In most cases, you can move away with your child if you have sole custody without any issue, however, there are certain cases wherein you may. For example, if your former spouse makes the case that by moving away with your child, you are putting him or her in danger, or that moving away with your child is not in your child’s best interests, you may not be able to move away without court permission.

Can I move away with my child if my ex and I share child custody?

If you are looking to move somewhere close by and within the state, as long as it would not make it difficult for your spouse to abide by your initial child custody agreement, moving a short while away should not be a problem. However, if you plan on moving far away or out of state with your child, you most likely cannot do so without obtaining permission either from your former spouse or from the courts. If your former spouse does not permit you to leave with your child, you will have to prove to the courts that the move is both necessary and in your chid’s best interests, meaning it would benefit your child socially, economically, or educationally. Courts will consider various factors when making this determination, including the following:

  • Whether you are moving because you or your child require specialized medical care
  • Whether you are moving to live with a new spouse or partner
  • Whether you are moving because you recently got a higher-paying job
  • Whether you are moving to attend higher education or university to eventually financially benefit your child
  • Whether you are moving away to protect your child from a dangerous former spouse
  • Whether you are moving away to a safer neighborhood or area
  • Your former spouse’s reasoning for opposing the move


Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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