What happens when the custodial parent wants to move away?
The issue of child custody is already sensitive, but when one parent wants to move away it may create even more stress and tension for the parents and the child. People often move when they accept a new job in another state or they want to be near their family. The problem may not be that they want to move away, but that you want to take the child with them. In some cases, this decision is not OK with the noncustodial.
When the parent with custody wants to move away with the child, there is a specific process that must be followed before they may do so. If they were to move to another state without the child, they would be able to do so at any time, but in California, if the custodial parent wishes to move away with the child, they must get consent from the other parent. If the noncustodial parent does not agree with the move, the next step is to take this issue to the courts.
Even though the noncustodial parent has the right to object to the custodial parent moving away, this does not mean that they cannot move. The custodial parent may file what is called a move away petition if the other parent does not approve of the move. When a move away petition is filed, the custodial parent is seeking permission to move away with the child from the court instead of the noncustodial parent. While this petition may be filed, it does not guarantee that the parent will be permitted to move away, which means the noncustodial parent may still have a chance to see their child on a regular basis because he or she may still be living in the same state.
If your child’s mother or father is considering moving away with your child, you may want to consult with an attorney. This type of matter is sensitive and with the help of an attorney you and the other parent and child may be able to come to an agreement on how it should be handled. It is important that both parents maintain a relationship to the child, so finding an arrangement that allows this to happen is a good idea.
