Co-parenting separately can be one of the most challenging experiences a family may face after a divorce. Add a long-distance move into the equation, and the complications multiply.
The reasons behind a move are diverse and often deeply personal, whether the person moving is you or your co-parent, and whether that move is inspired by a job or promotion, educational opportunities, being closer to family, or a better cost of living or quality of life somewhere else.
At Moradi Saslaw, we help our clients find the support and expertise that you need during these trying times. With years of experience and a profound understanding of California’s family law system, our law firm is dedicated to securing the best possible outcomes for our clients.
In such critical matters, securing competent legal representation is not just important – this essential step can change the entire course of your custody case. A good family lawyer can not only support you legally throughout the process, but also guide you to other specialized professionals and resources based on your family’s unique needs.
Understanding Move-Away Custody Disputes in California
Move-away disputes arise when a parent who has custody wants to relocate with their child to another geographical area. California law requires a parent to submit a formal move-away request if they wish to relocate a minimum distance of 50 miles away or more.
Click here to read about divorce when your spouse lives in a different state.
When considering whether to grant a parent’s move-away request, California family courts seek to balance the rights and interests of both parents, as well as the best interests of the child. California family judges are primarily concerned with ensuring that:
- The move does not negatively affect the child’s welfare, and
- The decision to relocate is justified for compelling reasons, such as better employment opportunities, educational prospects, or family support.
Once a parent files a move-away request, this triggers a legal process where another parent who has custody rights can contest the move. In a contested move-away case, California courts will consider several factors when deciding whether to approve the request:
- The parent’s reason for the move,
- How far away the parent wishes to move,
- How much the move will impact the child’s relationship with their co-parent, and
- The feasibility of maintaining a visitation schedule with the non-moving parent.
The farther the move, the more significant the impact is likely to be on your family’s current circumstances. The stakes can get high in move-away cases, which is why it’s critical to get trusted legal representation and the necessary professional support for you and your family.
Impact of Move-Away Disputes on Child Custody Arrangements
A move can profoundly affect existing child custody arrangements and often leads to significant modifications, where the help of legal and supportive professionals is critical to a good outcome.
When one parent proposes to relocate, the current custody schedule may become impractical or impossible to maintain. You may have to reevaluate how parenting time and visitation rights work, with the court establishing a new custody arrangement that takes into account the distance between the parents. New conditions may include longer but less frequent visits, extended holiday or summer vacation time, or other creative solutions to ensure that the child’s relationship with both parents remains strong even with the relocation.
The emotional and psychological impact on the child is another crucial consideration. Children may experience anxiety, stress, and a sense of loss when faced with the prospect of moving away from one parent and their familiar environment.
Click here to read more about whether your child has a say in custody arrangements.
California courts aim to minimize the negative effects of a move by carefully assessing the potential impact on the child’s well-being and stability. Both parents must be ready to address these concerns, ideally with the assistance of child psychologists or family therapists to demonstrate that they’re prioritizing their child’s emotional and developmental needs.
Types of Support Available to Parents in Move-Away Disputes
A Family Law Attorney You Can Trust
Legal support from a family law attorney is paramount in move-away custody disputes. An experienced lawyer can provide invaluable guidance on how to best present your case, assist with preparing and filing necessary legal documents, and represent your interests in court.
Family Mediators and Counselors
With the help of experienced family law attorneys, mediation and collaboration can help your family negotiate agreements and set the terms of your custody arrangement outside of court. This approach is less adversarial and can lead to an amicable resolution.
Child Advocacy Professionals
Family therapists and child psychologists can offer counseling to both parents and children, helping them cope with the emotional strain of the dispute and the impact of the potential relocation. These professionals can also provide expert testimony to the court regarding the best interests of your child, which can affect the outcome of the move-away request.
Practical and Logistical Support
Parenting coordinators can assist in implementing and monitoring new custody arrangements between co-parents, ensuring that both parents act according to the agreed-upon schedule. These professionals can also help address any issues or disputes that arise after the new custody terms are put in place – and provide reports to the court if necessary.
Educational and Financial Guidance
Financial advisors can help parents plan for the financial aspects of a move, including budgeting for relocation expenses and managing ongoing child support obligations. A trusted financial professional can provide advice on creating a stable post-move future, ensuring that both you and your children have the resources you need to thrive.
By leveraging the expertise of these types of professionals, parents can navigate the challenges of move-away child custody disputes more effectively and with less conflict. The right team can ensure that your rights are protected as well as your children’s best interests.
At Moradi Saslaw, our California family law team has experience supporting countless parents, children, and families navigate the complications of move-away disputes. Our network of contacts includes professionals who can tailor to all of your family’s needs, with a holistic approach to your family’s financial and emotional well-being. We stay with you every step of the way – even after all of the moving boxes have been unpacked.
Contact us now to speak with our California family law attorneys.