Child custody and visitation cases can be some of the most challenging and contentious matters when
it comes to family law. This is especially true when one parent wishes
to relocate to another city, state, or country and bring their child or
children with them. Known as “move-away” cases, these proceedings
present a number of unique challenges for both custodial and non-custodial
parents. With the assistance of an experienced attorney, however, parties
dealing with a move-away order can find the support and representation
they need to effectively protect their rights and interests.
Having helped families across Orange County navigate the complexities of
family law, our legal team at The Buncher Law Corporation understands
the factors involved in
move-away orders and the various issues considered by the court during a parental relocation.
By leveraging our experience and insight, we are able to help custodial
parents demonstrate why a move-away order should be granted, and assist
non-custodial parents in protecting their right to remain involved in
their children’s lives.
Here are a few important facts about move-away orders in California:
Distance – A move-away order stems from the custodial parent’s request
to relocate with their child or children to a new geographic area. This
destination could be a nearby city, a different state, or even a different
country halfway across the world. Move-aways involving shorter distances
between custodial and non-custodial parents may present some challenges
with a non-custodial parent’s involvement in day-to-day activities
involving their children, but these challenges are not as extensive as
those posed by relocation to cities or states hours away. When longer
distances are involved, there is greater disruption in the relationship
between children and the non-custodial parent, as well as disruption in
a child’s quality of life.
Agreements – Parents who are able to work together amicably to devise a parental
agreement regarding custody and visitation rights can do so without having
a judge decide for them. These agreements can outline plans for changes
in parental timesharing, as well as the rights of non-custodial parents
during holidays, special events, and vacations. Though made out of the
courtroom, these agreements should still be drafted and reviewed with
the assistance of a lawyer to ensure your rights are protected. They also
ought to be signed by the judge to cause them to become binding court orders.
The Court – In the event that parents are not able to reach an agreement out
of court, or when a non-custodial parent wishes to oppose a move-away,
enlisting the help of a lawyer should be a priority. At The Buncher Law
Corporation, our attorneys can assist in immediately obtaining temporary
orders to prevent the move-away until a final determination is made by
the court. We can also help our clients protect their rights and interests.
For custodial parents, this involves demonstrating why a move-away order
should be granted and how they will continue to provide a stable home.
For non-custodial parents, this may involve arguments as to why the move-away
is not in a child’s best interest, particularly if they have a strong
bond with their non-custodial parent, a nearby family support system,
local friends, and more. It may also be argued that the move is being
made in bad faith, such as to prevent a non-custodial parent from being
involved in their child’s or children’s lives.
The Children – As in any family law matter involving children, courts will always
focus on what is best for the children. This means that when courts are
tasked with deciding whether a custodial parent should be allowed to relocate
with their child, they will review a number of factors to determine if
the move is in the child’s best interests. These factors may include
the distance of the move, the current custody and visitation arrangement,
the child’s relationship with both parents, their age and preference
(if they are old enough), how they will adjust to a new home and environment,
and other considerations.
With California being one of the most diverse states in the country, move-away
cases are not uncommon. Over the years, our Orange County child custody
lawyers have handled many move-away cases on behalf of both custodial
and non-custodial parents. This experience enables us to take the unique
facts of a case and evaluate them in accordance to the law and how California
courts typically handle these matters. During such important and often
challenging legal endeavors, this insight can prove invaluable to helping
parents effectively protect their rights and relationships with their children.
To discuss a parental relocation case and move-away orders with an attorney
from The Buncher Law Corporation, contact us for an initial consultation.