Move-Away

During a divorce, spouses will sometimes attempt to re-locate to a different geographic region with their minor children. In California, recent court decisions have interpreted the law to give parents who object to such a move a significant opportunity to fight it on the basis that the move would be detrimental to the children.

Judges now have wide discretion in considering a parent’s request to re-locate with their children. The court will consider any detriment associated with such a move as well as the best interests of the child when determining whether custody should be changed to the parent who remains.

When deciding whether to grant the move the court is required to consider many factors, including:

  • · Stability and continuity of custodial relationships
  • · Distance of move
  • · Ages of children
  • · Relationships between parents
  • · Child’s preference re move

Ventura Family Law Center

Custody evaluations seeking psychological evidence regarding the impact such a move would have on the children could follow. Our attorneys have many years experience in handling family law matters involving move-aways. This can be a very tricky area of the law, and experience in knowing how to maneuver through the courts and deal with associated experts is critical to any chance for success.

If you have concerns about your move-away effort, or regarding any other family law issues, contact us today at 805.644-2883, or e-mail us here, and let us know what we can do for you.