After divorce, many people are looking to reset their lives. These changes can often involve a move to another city or state for job opportunities, to be closer to relatives, and more. Moving isn’t easy however, especially when custody is shared or the other parent is protesting the move.
When it comes to this type of custody dispute, there’s no simple answer. You’ll want to recruit the aid of a trusted attorney who can work with you and the family law courts to try and find an arrangement that works for everyone.
Today’s post is an overview of what you can do when you’re trying to move away but are unable due to opposition from the ex. Keep in mind that this is a general overview, and you should reach out directly to a lawyer for specific advice.
The Best Interests of the Child Determine Custody Outcomes in CA
It’s true, you can’t just choose to move away on a whim when another parent’s rights are in play. Not only that, but this could also be unfair to the child if you are intentionally or unintentionally trying to keep him/her away from the other parent.
That said, there are many valid reasons for a move away. As we’ve discussed, if the courts assess that the move away promotes or encourages the well-being of the child, they are much more likely to look favorably on your request. Consider however that the opposite is also true: if the courts determine that the move away could be detrimental to your child’s well-being, they could end up awarding more custody rights to the other parent.
Pushing for Your Move Via Child Custody Modification
When custody is shared, the first step involves mediation where you and the ex try to come to an agreement. If this fails, you move onto a hearing where the family law court hears both sides and make a judgement call.
If you’re the only one with custody, your ex can still protest to the move. He/she needs to be able to clearly demonstrate that the move is not in the best interests of the child.
When planning a move away, prepare to explain the following to the family law courts in thorough detail:
- The distance of the move
- The reasoning behind your move
- The age of each children and nature of the relationship with both parents
- The ways in which the move will help or hinder the child maintain a good relationship with both parents
- The ways in which the other parent’s arguments are not sound or valid
- Any relevant health or medical issues
- Any relevant education or schooling issues
Get in Touch With a Skilled Custody Attorney in CA
If you’re looking to move soon and expect this to be an issue with the ex, don’t delay and reach out to a family law attorney today. At R & S Law Group, LLP, we provide free initial consultation. Connect with us today by giving us a call at (949) 825-5245.