California move away laws are complex. Ask any professional in the state about the toughest kind of custody cases and he or she is likely to name move away against. If a spouse decide to move - it doesn’t matter if he or she is moving five miles away or 5,000 miles away to a different country - a decision has to be made on where the child will live. Depending on how a judge interprets the California move away law, the spouse moving away can either get the custody of the child - in which case the child will have to move, too - or he can be denied the custody - in which case the parent and child will have to live at physically disjointed locations. In either situation, the child loses.
From the parents’ perspective, they are usually more interesting in knowing what factors determine the court decision. This blog attempts to help them.
The courts consider these factors when deciding on if to grant the custody of the child to the parent moving away or not:
From the parents’ perspective, they are usually more interesting in knowing what factors determine the court decision. This blog attempts to help them.
The courts consider these factors when deciding on if to grant the custody of the child to the parent moving away or not:
- Stability and continuity: Courts look at how much time the child has been spending with each parents to appraise how the move will affect him or her and consequently decide weather to let the child move with the moving spouse or not.
- Distance: Courts consider how far one spouse is moving. They usually do not give it much of a thought if the moving parent is relocating not more than a few dozen miles (usually not more than two hours drive). Culture and language are taken into account if a parent is moving to another country.
In no way, this blog claims to be compress several volumes of the move away laws of California in less than 400 words. Therefore it is advisable to consult a professional family lawyer before deciding to make a move.
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