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