When a coparent wants to move away, it can significantly impact the dynamics of shared custody and the well-being of the children involved. For parents remaining in one place, a coparent’s move can bring up a host of concerns and legal implications. Below is an overview of: (1) how move aways work in California; (2) the legal standards involved; and (3) the steps you can take to contest a move that may impact your custody arrangements.
Understanding Move Away Requests
Normally, California courts do not get involved when families choose to move. Even if coparents share joint physical custody, moves within the local area are unlikely to trigger a custody reevaluation.
However, in California, a move away case may arise if one parent seeks to relocate a significant distance away with the child, potentially disrupting the current custody and visitation arrangement. For example, moving from one Oakland neighborhood to another would not be a problem. However, moving from Oakland to San Jose could pose a problem since it is a substantial distance to travel to maintain a parenting plan.
Legal Framework for Move Away Cases
These cases can be complex and emotionally charged, as they involve balancing the custodial parent’s right to move with the best interests of the minor child and the noncustodial parent’s right to maintain a close relationship with them. That’s why California law provides a specific legal framework for handling move away cases. The key considerations include:
Best Interests of the Child
The primary consideration in any move away case is the best interests of the child. California family courts evaluate how the move will affect the child’s physical, emotional, and educational well-being. This includes assessing the child’s relationship with both parents, the stability of the current arrangement, and the potential benefits and drawbacks of the proposed move.
Primary Custodial Parent
The rights of the primary custodial parent (the parent with whom the minor spends most of their time) play a significant role in move away cases. If the primary custodial parent seeks to move, the court typically presumes that the move will be in the child’s best interests unless the noncustodial parent can demonstrate otherwise.
Joint Physical Custody
In cases where parents share joint physical custody, the court does not automatically presume that either parent has the right to move. Instead, the court examines the best interests of the child without any presumption favoring either parent.
Contesting a Move Away Request
If you are the parent remaining in one place and you believe that the move is not in the best interests of your child, you may be able to contest the move away request. Here are the steps involved in contesting a move:
1. Filing an Objection
To formally contest the move, you need to file an objection with the court. This legal document should outline your reasons for opposing the move and request a hearing to discuss the matter. It’s crucial to file this objection promptly to ensure your concerns are considered before any move takes place.
2. Presenting Evidence
During the hearing, both parents will have the opportunity to present evidence and arguments. As the parent contesting the move, you will need to provide evidence showing that the move is not in the best interests of the child. This may include:
- Testimonies: Statements from teachers, coaches, counselors, and other professionals who can speak to the minor’s current stability and success in the existing environment.
- Documentation: Records of the minor’s academic performance, extracurricular activities, and social connections that highlight the benefits of remaining in the current location.
- Family and Community Ties: The minor’s relationships with extended family members, friends, and the community in their current location.
3. Proposing Alternatives
To strengthen your case, you may propose alternative arrangements that allow the minor child to maintain a relationship with both parents. These alternatives might include:
- Revised Custody Schedule: A modified custody and visitation schedule that accommodates the move while ensuring substantial time with both parents.
- Compromise on Distance: A compromise on the distance of the move, suggesting a location that meets the custodial parent’s needs while minimizing disruption.
- Trial Period: A trial period for the move to evaluate its impact on the child before making a permanent decision.
Court’s Decision
After reviewing all evidence and arguments, the court considers several factors, including:
- Reason for the Move: The court examines the reasons behind the custodial parent’s desire to relocate, such as employment opportunities, family support, or educational benefits.
- Impact on the Child: The court evaluates how the move will affect the child’s relationship with both parents and their adjustment to a new community, school, and social environment.
- Child’s Preferences: Depending on the child’s age and maturity, the court may consider their wishes regarding the move.
- Parenting Relationships: The court looks at the quality and stability of the child’s relationship with both parents, as well as the ability of the parents to co-parent effectively.
Based on these considerations, the court will decide based on the best interests of the child. If the court determines that the move is in the child’s best interests, then the custodial parent will be allowed to relocate with the child. The court will then modify the custody and visitation schedule to accommodate the new circumstances.
In contrast, if the court finds that the move is not in the child’s best interests, the custodial parent may be prohibited from relocating with the minor child. The existing custody arrangement may remain in place if the parent agrees not to move, or the court may modify it to reflect the new situation.
Legal Support and Representation for Move Away Cases in California
When a coparent wants to move away, it can create significant challenges for the remaining parent and the child. Understanding the legal framework and steps involved in contesting a move away request is essential. By focusing on the best interests of the child and seeking legal representation, you can navigate this difficult situation and work towards an outcome that supports your child’s well-being and your relationship with them.If you are facing a move away situation, contact the experienced family law attorneys at Flicker, Kerin, Kruger & Bissada LLP. Our team is here to provide the guidance and support you need during this challenging time.
