When one parent wants to move away with a child

By |2022-04-07T18:45:29+00:0026 Jul 2017|Categories: Child Custody|


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

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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