Imagine your 15-year marriage was stressful and tumultuous and, finally, you've decided to get a divorce. You're eager and hopeful for the future, but you need more than just a change in your relationship status. You want to move out of state, and bring your children with you.
If you want approval from a California family court to relocate to another state with your kids -- and the other parent disagrees -- your legal matter is classified as a "move-away case." Move-away cases are delicate issues for California courts to decide. Therefore, you may want to seek sound legal guidance on your legal rights before moving forward with the matter.
How do California courts decide "move-away" cases?
A judge will look at a wide variety of factors when deciding a move-away case. Most importantly, the judge will seek to make a decision that's in the best interest of your child or children. Your children themselves will also have a say in the issue if they are 14 years of age or older. In some cases, younger children may have some input.
Parents with permanent orders of sole physical custody (also referred to as primary physical custody) will have the best chances of moving away. Nevertheless, the other parent could try to prove that the move will harm the child or children involved, and then the court might not give permission.
If the parents share joint physical custody, moving away will be more difficult if the other parent disagrees. The parent who wants to move will need to prove to the court that the move will support the best interests of the children.
Need help with your move-away case?
If another state would be better for you and your children, a Pleasanton family law attorney can provide legal advice and guidance for your move-away case. You and your attorney can formulate a legal strategy to seek court permission for your move.
Source: Nov. 30, -0001