What Is a Move Away Request?
When parents share custody or have a visitation agreement, deciding to move out of the area can become a complex legal issue. In California, the process for moving with a child when you have custody or visitation orders requires filing a Move Away Request with the court. In this vlog post, we’ll break down how Move Away Requests work and what factors the court considers to determine if a move aligns with the best interests of the child.
What Is a Move Away Request?
A Move Away Request, or a “change of residence request,” is a petition filed with the court that seeks permission to relocate a child outside of the county or a significant distance from the current residence. When parents have a custody or visitation order in place, moving a child without permission can violate the order and potentially lead to legal issues. Therefore, obtaining court approval through a Move Away Request is essential if the other parent objects to the relocation.
What Factors Influence a Move Away Decision?
The court’s primary concern in any family law matter involving children is the best interests of the child. To determine this, the court considers multiple factors, including the child’s emotional and developmental needs, stability, and overall welfare. However, Move Away Requests bring additional considerations into play, particularly the impact on the relationship with the non-moving parent and the feasibility of maintaining frequent contact.
Key Factors That Courts Commonly Evaluate Include:
1. Primary Physical Custody Status
If you have primary physical custody, meaning you are the custodial parent more than 50% of the time, the law generally presumes you have the right to move. This presumptive right can simplify the request, but it does not guarantee approval. The non-custodial parent still has the opportunity to challenge the move by demonstrating that it would cause significant detriment to the child.
2. Impact on the Parent-Child Relationship
The non-moving parent may argue that the move would damage their relationship with the child, especially if maintaining regular contact becomes challenging due to distance. However, the court requires that any potential detriment to the child goes beyond the inconveniences of reduced visitation time. This is where factors such as the frequency and quality of the parent-child bond are scrutinized.
3. Reason for the Move
A parent must present a legitimate reason for moving, such as employment opportunities, family support, or educational benefits. Moves made in bad faith, such as to interfere with the other parent’s custody or visitation, are typically not approved. The court wants assurance that the move is genuinely in the child’s best interest, not a tactic to limit the other parent’s access.
4. Sibling and Family Bonding
The court will also look at how the move could affect the child’s relationship with siblings and other family members. If a child has strong bonds with family members in the current area, the court may weigh this factor heavily when making a decision.
5. The Child’s Wishes
For older children, their preferences may be considered if the court deems them mature enough to express a reasoned opinion. This consideration, however, is secondary to the primary focus on the child’s welfare.
6. Proposed Parenting Plan Post-Move
The moving parent should prepare a detailed post-move parenting plan that shows how they intend to maintain a meaningful relationship between the child and the non-moving parent. Options like virtual communication, extended summer visitation, and other accommodations may reassure the court of the child’s continued access to both parents.
Why Are Move Away Requests So Complex?
Move Away Requests are among the more complicated cases in family law. They often require trials or evidentiary hearings, which can take months to complete. The courts recognize that children benefit from stability, so they do not approve move requests lightly. Furthermore, each case is unique, making it difficult to predict outcomes.
If you’re considering a move or need to challenge a Move Away Request, it’s crucial to have knowledgeable legal representation. At JWB Family Law, we assist clients with preparing strong cases, backed by an understanding of how California courts evaluate these requests. With years of experience in family law, we help parents navigate the challenges of Move Away Requests with the goal of achieving outcomes that reflect the best interests of their children.
Contact Us for Guidance on Move Away Requests
At JWB Family Law, our dedicated attorneys work with parents to help them understand their rights and create a compelling case for the best interests of their child. If you’re contemplating a move and need assistance with the legal process, or if you need to defend against a request that impacts your relationship with your child, contact us at (619) 566-7216 or visit jwbfamilylaw.com to schedule a consultation. We’re here to provide the legal support you need during this pivotal time.
