Posted in Child Custody
For parents in California considering an out-of-state move or facing a co-parent’s relocation plans, understanding the state’s specific approach to “move-away” cases is crucial. California courts handle these cases with particular attention to the children’s best interests while recognizing parents’ rights to pursue opportunities that benefit their families as a Manhattan Beach, CA child custody lawyer can share.
California’s Approach To Relocation Cases
Under California Family Code Section 7501, a parent with custody rights has the presumptive right to change the children’s residence, subject to the court’s power to prevent a move that would prejudice the children’s rights or welfare. However, this seemingly straightforward law becomes complex in practice, as California courts must balance various factors specific to each case.
The Impact Of Your Current Custody Arrangement
Sole Physical Custody In California
In California, if you have a permanent order for sole physical custody, you generally have the presumptive right to relocate with your children. However, this right isn’t absolute. The other parent can still challenge the move by proving it would harm the children. California courts will examine:
- The emotional impact on the children’s established relationships
- The distance of the proposed move
- The age of the children
- The children’s relationship with both parents
- The ability to maintain frequent and continuing contact with the non-moving parent
Joint Physical Custody
When parents share joint physical custody in California, the process becomes more rigorous. The parent requesting the move must demonstrate that the relocation serves the children’s best interests. California courts will conduct a de novo review, meaning they’ll examine the custody arrangement fresh, as if no previous custody order existed.
Critical California-Specific Considerations
The Lamusga Factors
California courts use specific factors established in the landmark case In re Marriage of LaMusga when evaluating move-away requests:
- The children’s interest in stability and continuity
- The distance of the move
- The age of the children
- The children’s relationship with both parents
- The relationship between the parents, including their ability to communicate and cooperate
- The children’s wishes (if they are mature enough to express them)
- The reasons for the proposed move
- The extent to which the parents currently share custody
Temporary Vs. Permanent Orders In California
California distinguishes between temporary and permanent custody orders, which significantly affects relocation rights. A custody order is generally considered “permanent” once there’s a final judgment or a final custody order. However, even “permanent” orders can be modified if circumstances change substantially.
Legal Requirements For California Relocations
If you’re planning to move with your children, California law requires:
- Providing written notice to the other parent typically at least 45 days before the proposed move
- Filing appropriate motions with the court if the other parent opposes the move
- Continuing to follow the existing custody order until the court modifies it
- Being prepared to demonstrate how the move serves the children’s best interests
Protecting Your Rights In California
As our lawyers who are part of the American Academy of Matrimonial Lawyers can share , to protect your interests in a potential move-away case:
- Document all aspects of your current custody arrangement
- Keep detailed records of your involvement in your children’s lives
- Gather evidence about the proposed location’s benefits (schools, housing, support system)
- Develop a concrete plan for maintaining the children’s relationship with the non-moving parent
The Importance Of California-Specific Legal Representation
Given California’s unique approach to move-away cases and the complexity of state-specific precedents, working with attorneys who understand California family law is crucial. At Skarin Law Group, we specialize in California custody and relocation cases. Our team can help you:
- Evaluate your case under current California law
- Understand your rights within the state’s legal framework
- Develop strategies specific to California courts
- Navigate local court requirements and procedures
- Protect your children’s best interests throughout the process
Planning Ahead Is Essential
If you anticipate a possible future move, addressing this during your initial custody negotiations is crucial. California courts look favorably on parents who plan thoughtfully and consider both parents’ roles in their children’s lives.
Take Action Now
Whether you’re contemplating relocation or concerned about your co-parent’s potential move, contact Skarin Law Group today. Our experienced California family law attorneys who have received a 10.0 Superb rating from Avvo are ready to help you understand child custody and the nuances of state-specific move-away cases and can help protect your rights and your children’s interests.
