California
move away laws are complicated
and constantly changing. It is a wise strategy to talk to a family lawyer if
you are planning to move away with your child (or children) and worried that
the other parent will object to it, or if the other parent is moving away and
you do not think it is in the best interest of the child to relocate to a new
place.
In
general, a parent with a permanent, sole custody of the child — known as primary
physical custody in legal jargon — can move to a new place with his or her
child without many legal troubles. Things can get complicated pretty quickly,
however, when the other parent turns to the other and argues that the move will
be detrimental to the children — either physically or psychologically. The
court can revoke the primary physical custody and suggest a new one. It is a
good strategy to speak to a lawyer to find out how the law applies to your
particular circumstances.
Move
away laws in California are more tangled when it comes to
decide in cases where the physical custody of the children is joint. In these
situations it falls upon the moving parent to inform the court and convince it
that relocation is in interest of the children.
Whether
the physical custody of the child is “joint” or “sole” affects the outcome of a
move away order in California disproportionately because courts tend to
look at the existing parenting schedule than switch to a new one.
Talk
to a lawyer if you are worried that the other parent is moving away with the
child or if you are planning to start a new life in a new city, state, or
country. A California family lawyer can protect your rights as a parent and the
rights of your child.
Robert
L. Gigliotti is a veteran family law lawyer in California. He can assist you
immensely in disputes concerning move away orders in California. Consult
him on http://www.gigliottilalaw.com/family-law/custody-and-visitation/ before you turn to
court to increase your chances of getting a judgement in your favour.
