There are many reasons a parent may need or desire to move away or relocate to another part of the state, out of state, or even out of the country. The parent may have a job offer in another state or for economic reasons a move away may be the only option. However, there are times that a parent may want to move away with a child to frustrate visitations with the other parent. A relocation can affect child custody and visitation schedules and therefore is usually strongly contested.
Given the complexities of child custody move away cases, among the most hotly contested issues encountered in child custody and family law, it is important that you retain a family law attorney that is knowledgeable in the specific areas of family law surrounding parental move-aways.
Under California law, a custodial parent has the presumptive right to change the children’s residence subject to the court’s power to restrain a removal that would prejudice the rights or welfare of the children. The non-custodial parent has the right to challenge the relocation and move to modify the court’s custody order based on changed circumstances. Whether you are seeking or challenging a proposed relocation, it is important to find a divorce attorney to represent you who is familiar with the issues and procedures surrounding move away cases.
The experience family law attorneys at The Sperling Legal Group understand the law surrounding child custody move-away cases and have prevailed on this issue. If you are dealing with interstate child custody issues, please contact The Sperling Legal Group.