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Child custody and relocation

Situations is which a custodial parent wishes to move away with a child are often complex, and often require a child custody attorney to workout. Each of these situations are unique in their own way. Therefore, it is difficult to project which way a court will rule when it comes to modification of a custody order.

Generally speaking, a party who has sole physical custody of a child can make the decision to move away without consent of the other party. To stop such a move, the non-custodial party would be required to show the court that the move would be harmful to the child or children.

In situations where parents have been awarded joint physical custody of a child or children, and one party wants to move away with them, it then becomes the burden of the party who wishes to move to show the court that it would be in the best interest of the children.

Due to the complexity of these situations, parties should be very mindful of the wording in an original custody order if there are possibilities that one or both parties may wish to move in the future. If moving away is a possibility, a parenting plan can address this issue within the original order allowing for a much smoother transition in the future. Visitation options can even include virtual visitations which are conducted via webcam on an agreed upon basis. These can insure that a parent and child maintain a close relationship regardless of distance.

In instances where parents of a child or children live in different states, consulting with an experienced child custody attorney can offer peace of mind. Visitations in these situations often require extensive planning of travel arrangements for a child. A child custody attorney can help you make sure that your child is protected every step of the way.

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All American Law
10630 Town Center Drive, Suite 119
Rancho Cucamonga, CA 91730

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