Child Custody Issue: Moving with Your Child

When you have children with someone and the relationship doesn’t work out, you might have to go through the child custody process to determine where the child will live. Once this court order is set, there might be limitations as to what can happen in regards to the child. In some cases, this might mean the parent with whom the child lives might end up being restricted about where they can move. There are some interesting points parents in California should consider if they are thinking of moving away.

Let’s discuss joint custody situations first. Moving away with your child might be easy for you if you are willing and able to work with the child’s other parent. If you can’t, you will likely have to go to court to prove to the court why moving away is in the child’s best interest. This can sometimes be difficult, so understanding the appropriate ways to do this is vital if you must go through this process.

Now, if you have sole physical custody and the order is permanent, you can likely go ahead with the move. The child’s other parent can go to court to try to stop the move, but he or she will have to let the court know why the move isn’t in the child’s best interest.

In all cases, it is important to determine a parenting schedule before the move away occurs. This can help both parents and the child to know exactly what to expect after the move is completed. Getting all of this done can be complicated, so make sure you understand everything you are agreeing to throughout the process.

Source: California Courts, “Move-Away” Situations” Oct. 18, 2014