How Do You Win a Child Physical Custody Move Away Case in California?

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.

Two factors court consider in California move away cases

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:

• 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.

California Move Away Law

Generally happens in divorce cases, both parents are sharing the custody of their child or children . And when one parent plans to move away, certain questions arise like “can I move away from California with my children?” “ Am I stuck in California forever?” “ Do I have to leave to my children here with other parent?”

These questions are what we call “move away” concerns. In California move away law, this is a very technical issue. Sometimes it is very challenging but if one approaches a proper channel it is not impossible.

If you want to move away with your children, you need written consent of the other parent. As per California move away laws, without written permission of the other parent you cannot move. If the other parent do not agree, then you must approach the Court for move away permission. The first question raised by the Court is whether you currently have child custody orders or not. The California move away laws are very complicated and confusing that involves various factors in the outcome.

Before you approach the Courts, you must try to mediate the issues and reach an agreement. The Gigliotti law group has dedicated lawyers to help those parents involved in move-away disputes. The family law attorney Robert Gigliotti has professional and personal experience that is needed to assist the parents in this difficult situation. Before the issues goes to the hands of a judge, we mediate and try to reach the agreement about where the child will live, what the visitation arrangements will be with the  other parent. If the parents cannot agree upon the agreement made between them, we help you to reach the Court too.

If you have any question about California move away laws, it is important to discuss your concerns with an experienced family lawyer. Contact Los Angeles attorney Robert Gigliotti at Gigliotti law group, we will protect your and your children needs.