Move-Away Cases

Child Custody Move-Away Cases

Typically, Move-Away Cases refers to change in the child or children’s residence and is a request by the custodial parent to move away from the current location established in a prior order. A parent who has established physical custody of a child has the right to change the residence of a child, subject to the courts ability to restrain removal of the child if such a move would interfere with or prejudice the rights or welfare of the child. Family Code §7501(a); Marriage of Burgess (1996) 13 C4th 25, 32, 51 CR2d 444 (court may not interfere with the move unless it is detrimental to the child).

However, a dispute may arise in an initial custody determination. In this situation, the court has broad discretion, but must take into consideration certain, mandatory, factors outlined in the California Family Code §3011, which includes the health, safety, and welfare of the child as well as California’s legislative policy of encouraging frequent and continuing contact with both parents.

Our office has extensive experience in California Move-Away Cases. However, every case is different and requires a detailed investigation of these factors. Please call or email us to discuss your case.