Physical Child Custody in California & Moving Out Of State
A move out of state after a child custody case can be complex and difficult to navigate, whether it happens a few months after a divorce or years down the road. In many cases, those involved in out-of-state moves aren’t sure what their rights are, how their parenting plan may change, or even if they are allowed to leave the state in the first place.
Many of the laws and rules regarding California move aways depend upon the type of custody each parent has. Let’s look at the two possible scenarios:
- If the moving parent has sole physical custody of the children, that parent is welcomed to move away from the state of California as long as the custody order is permanent. However, the other parent may contend the move if he or she can prove that the move would be harmful to the children.
- If the moving parent has joint physical custody of the children, that parent must prove to the court that the move is necessary and in the best interest of the children, but only if the other parent wishes to prevent the move. The other parent, in turn, must prove that the move is not necessary and not in the best interest of the children.
Changes in Custody Agreements & Parenting Plans
It is often necessary to review and possibly alter custody agreements and parenting plans in move-away scenarios. During these alterations, the court will likely consider a number of factors unique to your case, including:
- The current parenting plan.
- The current co-parenting relationship.
- How far away the move is.
- Why the move is taking place.
- The child’s relationship with each parent.
- The child’s age.
- The child’s opinion on moving (if applicable).
- How the parent left behind plans to keep in touch.
- How the children’s lives can remain stable.
- The best interests of the children.
There are a number of ways that parents can keep in touch with their children after a move, and these ways only continue to grow with the advent of new technologies. Although the types of visitation you have with your child may change, you can still demand certain types of visitation rights after your child moves.
Santa Ana Child Custody Lawyers
California move away cases are usually emotionally difficult for all parties involved. In almost all instances, compromises, compassion, and empathy are needed in order to find the best possible solution and the best possible outcome for the children involved. At the Sarieh Law Offices, we are committed to helping our clients navigate these difficult cases, whether they are attempting to move or whether they are attempting to keep their children close.
These laws can be confusing and outcomes are often based heavily on the individual details of a case. Having an attorney at your side will ensure that you are in the know, that you take the right steps toward a resolution, and that you find a working solution for you and your family.
We offer parents a free 45-minute meeting with an Orange County family law attorney. Schedule yours today by calling our offices at (714) 542-6200 or fill out our online contact form and we will get back to you within 24 hours.