When one parent wants to move out of the area with the minor child in a custody case, they will usually need either the consent of the other parent, or they will need a court order granting the move away request. This issue comes up often when one parent wants to move out-of-state for a new job or because they are getting remarried.
Issues that come up in a move away request are how the move would affect the minor child or children involved, how visitation and/or custody would be affected by the move, the reason for the move, and like all child custody matters, whether it is in the best interest of the child to make the move.
If a parent wants to move, it is not impossible to simply get the other parent to consent to the move. The law usually requires notification to the other parent of the proposed move before a court action is filed, and it is important to offer a reasonable visitation schedule to the other parent, since a move will usually make it harder for the parent not moving to maintain the current visitation schedule.
If the other parent does not consent to the move away request, then you will usually need to file a request with the court to be able to move with the minor child or children, unless a prior order already gives you the right to change residence without the consent of the other parent. In a court hearing, there are some presumptions that favor the parent with primary custody of a child. However, those presumptions can be overcome. It is important to make a clear case to the court why the move will benefit the minor child or children.
One of the most important factors is which parent has been providing a stable environment for the child. Other important factors are comparing the schools, for example is the new school better for the child than the old school, and also community statistics. A judge is more likely to grant a move away where the parent is moving somewhere with a lower crime rate and better schools, than the other way around.
If you have a question regarding Divorce Attorney Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.