What happens if a divorced parent wants to move?
What happens if a divorced parent wants to move?
When a divorced parent wants to move away with a child, one of the parents files a motion with the court for new custody orders. The moving parent might file for permission to move with the child, or the other parent might file a motion for a change of custody so that the child can stay.
What to do in a move away case in California?
If you are on either side of a possible move-away, you should contact a family law attorney that is experienced in child custody cases. In California, when parents separate or divorce, a court will issue orders for custody and visitation arrangements based on what is in the best interest of the child.
How do you win a child custody move away case in California?
If there has already been a final judgment of custody in the case and the parent who seeks to move has been given sole physical custody, the non-custodial parent who wants to avoid the move away generally has the initial burden to show that the move would cause a detriment to the children.
What happens in a move away divorce case?
The move-away laws are complicated and confusing, and there are many factors involved in the outcome. The purpose of this article is to give you a general overview of how a move-away case proceeds in court, and what a judge will consider when making this difficult decision.
What was the California Supreme Court decision on move away?
With this decision, the California Supreme Court upheld the family law court’s decision that a change of custody would frustrate the father’s relationship with his children. Thus, if the mother moved to Ohio, a change of primary custody would be warranted.
If you are on either side of a possible move-away, you should contact a family law attorney that is experienced in child custody cases. In California, when parents separate or divorce, a court will issue orders for custody and visitation arrangements based on what is in the best interest of the child.
The move-away laws are complicated and confusing, and there are many factors involved in the outcome. The purpose of this article is to give you a general overview of how a move-away case proceeds in court, and what a judge will consider when making this difficult decision.
Can a judge force a parent to move after a divorce?
A judge can’t force a parent to remain in the state following a divorce. However, in some instances where one parent relocates, a judge will change custody to serve a child’s needs.
What is a move away child custody case?
A “move-away” child custody case, also known as a “removal” case, involves a situation where one parent desires to move out of the city or state that they live in with their child, leaving the other parent behind.