How an Out-of-State Move Affects Custody

One of the most devastating aspects of shared custody is when one parent decides to move out of state and take your child with them, or conversely when you have an opportunity to start a new job out of state and you are denied the chance because the other custodial parent has refused to allow their child to be moved out of state. A Bay Area child custody attorney is available to help in either of these scenarios.

Move-Away Order

Parents who wish to move-away with their child must obtain a move-away order, in addition to hiring an attorney. According to California Courts, the following decision making process applies to parents who wish to move-away with their child or children:

  • Sole Custody Parent Wants to Move–When the parent with sole custody wants to move, they generally can do so unless the other parent can prove that it would harm the child;
  • Parent with Shared Custody Wants to Move–When a parent with shared custody desires to move-away with the child, it is more complicated. The burden of proof, in this case, lies with the parent who wants to move. They have to show that the move is in the child’s best interest.
  • Parent with Visiting Rights Want to Move–A parent with visiting rights only will not have any say in whether they can take their child with them if they want to move.

Statistically, a Low Percent of the Population is Leaving California, But Moves Within the State are Common

California has one of the highest retention rates in the nation in terms of population. According to the Los Angeles Daily News, California is the second, only behind Michigan, in terms of exits to population ratio. However, this does not mean that move-away orders are uncommon in California. Due to the vast size of our state, and the frequency with which the population moves to different cities and counties, move-away orders are common in California. A move-away order is necessary anytime a parent decides to make a drastic move. While you most likely will not need one if you move 10 miles across the city, you will likely need one if you move 50 miles away.

A Bay Area Child Custody Attorney Can Help

There is potential for a great loss on both sides of the dispute, which is why the chances that a move-away case will get ugly fast is high. You need an experienced Bay Area child custody attorney on your side whether you plan to move out of state or to a new city, or if the other parent has plans to do so and wants to take your child with them. Contact the San Francisco attorneys of Lvovich & Szucsko, P.C. today for help.