Move-Away Orders in Orange County
Our Irvine Family Law Attorneys Can Help
Parents who share custody of their children face a difficult dilemma when
one parent decides to relocate to another state, taking the children with
him or her. This is referred to as a "move-away."
Unfortunately, the sheer distance of a move will make it impossible for
the parents to share the same
custody and visitation schedule that they held before. The distance of the move may also make
it impossible for the parents to share anything close to equal time with
their children, thereby necessarily causing one parent to have far more
times with the children than the other parent. If you need help with a
move-away issue and
custody modification, we at
The Buncher Law Corporation can help you address this stressful situation.
To schedule an initial evaluation of your case, call (949) 398-8720 today.
Factors Considered in Move-Away Actions
A large number of important legal presumptions, burdens of proof, and circumstantial
factors may come into play in a move-away action. However, ultimately
the court will usually end up considering what is in the best interest
and welfare of the child or children involved.
Such considerations may include:
- The status quo, such as who has been the children's primary caregiver,
where the children have been living, going to school, associating with
friends and relatives, etc.
- The quality of life that the children will enjoy at their proposed new
- The quality of education to be provided at the new residence compared to
the former residence.
- The children's preference particularly when they are 14 years of age or older.
- Any other factor relevant to the welfare and best interests of the children.
- Whether there is evidence that one of the parents essentially has abandoned
the children in terms of providing financial support or visiting with
Opposing a Move-Away? Speak with Our Family Lawyers.
If you are opposing a move-away, it is important to act as quickly as possible
to obtain temporary orders to prevent the move-away pending final determination
by the court. Our Irvine divorce attorneys at The Buncher Law Corporation
are experienced in handling move-away actions and have a strong command
of the law. When you meet with us, we will work with you to formulate
a plan to best defend or prosecute your move-away action. We proudly serve
clients throughout Orange County.
Please contact us
to speak with our caring legal team as soon as possible.