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Making a Convincing Child Custody Move-away Case

If you are considering a move out of state with your children, you will need to take some important steps to ensure that your child custody move-away case is convincing to a judge. Even if you have considered all the reasons why moving away with your child or children is a good thing, the decision to take your children with you ultimately rests with a family court judge.

People have the right to move wherever they choose. However, if a custodial parent wishes to move with a child, California courts may limit the move if it impacts the wellbeing of the child. Some factors that a court will consider when deciding whether to permit a parent to move away with children include:

  • The reason for the move — Though California courts have ruled that there is no burden on a parent with custody to prove that the relocation is necessary, if the parent is moving for a job opportunity or to be closer to family, this will typically be viewed more favorably than if the parent is simply moving to another city for no particular reason or is moving to restrict contact or make visitation difficult for the other parent.
  • The benefit to the child — If the child will have access to better schools or healthcare in the new location, this will usually be seen as a positive development. If the child will be near other family members, the move could also be seen as beneficial. The court will take the child’s best interests into consideration as well, such as the child's relationship with each parent, the child's educational and medical needs and each parent's ability to provide for the child's care.
  • Any negative affect on the child — The court will need to be convinced that the move will not adversely affect the child. This includes taking into account the child having to adapt to changing schools, give up extracurricular or religious activities and move away from friends and family.
  • Objections from the other parent — If there are valid concerns about how the move will impact visitation rights or other aspects of the child's life, these objections will need to be addressed in front of a judge. If the other parent does not consent to the move, it’s important to try and work together as this will increase the chances of a successful relocation with the child.

With all of these factors in mind, it is a good idea to seek the advice of an experienced child custody attorney in the Roseville and greater Sacramento area. The counsel you receive can be invaluable when presenting convincing evidence for a child custody move-away case. 

The lawyers at Strategic Law Command understand that with a well-crafted argument, it is possible to present your reasons to a judge for approval of a long-distance move. Call (916) 787-1234 today or use the online contact form to schedule an appointment.