| For those of you who are interested in understanding | | | | present their positions at a meaningful hearing - |
| the law concerning custodial parents who wish to | | | | including the right to present live testimony. |
| move out of the area with children over the objections | | | | If the non-custodial parent makes such an initial |
| of the non-custodial parent, this article is for you. | | | | showing that the move-away would be detrimental to |
| Presumptive Right to Move | | | | the child, the court must perform the delicate and |
| In our increasingly mobile society, custodial parent's | | | | difficult task of determining whether a change in |
| frequently desire to move out of state or to a different | | | | custody of the child is in the child's best interest. |
| part of the state with the children, leaving the | | | | Child's Relationship with Non-Custodial Parent a Factor |
| non-custodial parent far behind. Such moves are | | | | Among the factors that the court ordinarily will |
| usually based upon the fact that the custodial parent | | | | consider when deciding whether to modify a custody |
| has found a new job that requires the move or has a | | | | order in light of the custodial parent's proposal to |
| network of family members that he or she would like | | | | change the residence of the child are the following: the |
| to live near. Based on these realities, California law | | | | child's interest in stability and continuity in the custodial |
| provides that a parent who has primary physical | | | | arrangement; the distance of the move; the age of the |
| custody of a child has a presumptive right to change | | | | child; the child's relationship with both parents; the |
| the child's residence - i.e., to move away with the child, | | | | relationship between the parents including, but not |
| subject to the power of the court to restrain a | | | | limited to, their ability to communicate and cooperate |
| removal that would prejudice the rights or welfare of | | | | effectively and their willingness to put the interests of |
| the child. | | | | the child above their interests; the wishes of the child if |
| A custodial parent seeking to relocate with a child | | | | the child is mature enough for such an inquiry to be |
| bears no burden of establishing that the move is | | | | appropriate; the reasons for the proposed move; and |
| "necessary." In fact, the non-custodial parent bears the | | | | the extent to which the parents currently are sharing |
| initial burden of showing that the proposed relocation of | | | | custody. |
| the child's residence would cause detriment to the child, | | | | In light of the above criteria, the court can deny the |
| requiring a reevaluation of the child's custody. | | | | proposed move if: the custodial parent has a history of |
| Procedural Safeguards | | | | not sharing custody with the non custodial parent; if the |
| Based on our strong public policy favoring stable | | | | court finds the proposed move is being made for |
| custody arrangements, trial courts will usually make an | | | | vindictive purposes; and if the court finds the move |
| immediate interim ruling staying the move-away until | | | | would be detrimental to the strong relationship |
| the parents have been given the opportunity to | | | | between the child and the non-custodial parent. |
| participate in meaningful mediation, to obtain an | | | | Law Offices of Donald P. |
| independent custody evaluation and, ultimately, to | | | | |