When one parent wants to move away with a child

Working out a custody that is best for your child may not always mean choosing what feels the most fair to each parent. This is especially true when a parent with primary custody wants or needs to move away. For many parents, custody is an ongoing battle that continues well after a divorce finalizes. For the sake of your child, it is important to consider what living situation truly makes the best life for them.

If you want to move away with your child, or if you think your spouse does, it is wise to consult with an experienced family law attorney. Custody regulations change very rapidly, and each family’s circumstances involve different elements, so it is difficult to make generalizations about this type of custody disagreement.

Several factors play a part in how a court may decide about such a move. If a parent with sole custody of a child wishes to move away with the child, the other parent usually cannot prevent the move unless he or she can prove to a court that the move is not in the child’s best interests

However, in most other custody arrangements, like joint physical custody, the moving parent may have to obtain the other parent’s permission to take the child, or demonstrate to the court that the move is in the child’s best interests.

Of course, these examples paint with a broad brush about a very intricate topic. If you and your spouse have some conflict over one parent moving with your child, you must act quickly to discern what is in the child’s best interests and ensure that the child’s rights and privileges remain protected.

Source: California Courts: The Judicial Branch of California, ““Move-Away” Situations,” accessed July 26, 2017