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 child or children, thereby necessarily causing one parent to have far more timeshare with the child/children than the other parent.
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 care taker, 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 residence.
- The quality of education to be provided at the new residence compared to the former residence.
- The children’s preference particularly where they are 14 years of age or older.
- Any other factor relevant to the best welfare and interest 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 the children.
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.
The attorneys at The Buncher Law Corporation are experienced in handling move away actions and have 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.
Call us today at (949) 398-8720 today to schedule a consultation.
We serve clients throughout Orange County, North San Diego County, Riverside County and Los Angeles County.