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What Is a Move Away Case in California?

A move-away case occurs when a parent with custody of a child wants to relocate to a new city, county, or state, and the move significantly impacts the current custody arrangement. These cases typically arise when:

  • A custodial parent wishes to move a substantial distance from the non-custodial parent.
  • The move affects the non-moving parent’s ability to maintain a meaningful relationship with the child.
  • One parent opposes the relocation, requiring court intervention.

Unlike standard custody modifications, move-away cases involve additional legal hurdles because they can disrupt a child’s routine and existing parental relationships.

California Move Away Laws and Custody Relocation

Under California move away law, a parent must seek court approval before relocating with their child if the move substantially impacts the current custody arrangement.

The legal process for a move-away request depends on the type of custody arrangement in place:

  • Sole Custody: If the relocating parent has sole physical custody, the court generally presumes the move is allowed unless the other parent can prove it would harm the child.
  • Joint Custody: If parents share joint physical custody, the relocating parent must demonstrate that the move serves the child’s best interests.

A child custody attorney in Los Angeles can help navigate these legal complexities and present a compelling case for or against relocation.

Factors Courts Consider in Relocation Cases

California courts evaluate several factors when deciding whether to approve a move-away request. The primary consideration is the best interests of the child, which includes:

  • Distance of the move: The greater the distance, the more likely it will impact custody arrangements.
  • Impact on the child’s stability: How the move affects the child’s education, social life, and overall well-being.
  • Parental relationships: Whether the move would damage the child’s relationship with the non-moving parent.
  • The child’s preference: If the child is mature enough, their opinion may be considered.
  • Reason for the move: Whether the relocation is for a valid reason, such as a job opportunity or family support.
  • Ability to maintain contact with the non-moving parent: Courts prefer arrangements that allow both parents to remain involved in the child’s life.

A child custody relocation lawyer in Los Angeles can help parents present evidence demonstrating how the move aligns (or conflicts) with these factors.

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How to Win a Move Away Case in California

Whether you are seeking to relocate or opposing a move-away request, winning a relocation case requires strong legal arguments backed by evidence.

  1. For Parents Seeking Relocation:

    • Providing clear evidence that the move will improve the child’s quality of life.
    • Demonstrating that the relocation is necessary for work, education, or family support.
    • Presenting a well-structured plan to ensure continued contact with the non-moving parent.

  2. For Parents Opposing a Move-Away Request:

    • Proving that the relocation would disrupt the child’s emotional or educational stability.
    • Showing that the moving parent does not have a valid reason for the move.
    • Demonstrating that the move would significantly hinder the child’s relationship with the non-moving parent.

Every case is unique, and working with an experienced relocation attorney can significantly impact the outcome.

What Happens If Parents Disagree About Relocation?

If one parent objects to the move, the case will likely go to court, where a judge will determine whether relocation is in the child’s best interests.

The legal process generally includes:

  1. Mediation: Many California courts require parents to attempt mediation to reach an agreement.
  2. Court hearing: If mediation fails, both parents will present their arguments in court.
  3. Judicial ruling: The judge will decide whether to approve or deny the relocation request.

A Los Angeles child custody lawyer can help parents navigate the legal system, ensuring that their arguments are effectively presented to the court.

Modifying Custody and Visitation After a Move Away Case

If a relocation request is approved, custody and visitation arrangements may need to be modified. Changes may include:

  • Adjusting the visitation schedule to accommodate travel time.
  • Granting longer visitation periods (e.g., extended summer vacations).
  • Establishing virtual visitation options (such as video calls) to maintain parent-child contact.

These modifications aim to ensure that both parents remain actively involved in the child’s life despite the physical distance. A child custody move away attorney can help negotiate and formalize these changes.

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Do You Need a Move Away Litigation Lawyer?

Move-away and relocation cases are some of the most challenging custody disputes in California. If you are facing a relocation case, working with an experienced move away attorney can provide several benefits, including:

  • Legal guidance on how to present a strong case.
  • Assistance with gathering evidence and witness testimony.
  • Representation in mediation or court hearings.
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California Move Away and Relocation FAQs

What qualifies as a move-away case in California?

A move-away case arises when a parent wants to relocate with their child in a way that significantly disrupts the current custody arrangement, often triggering legal intervention.

Can I move out of state with my child if I have custody?

Not without court approval—especially if the move impacts the other parent’s time with the child. Even sole custodians may face challenges if the move could harm the child’s relationship with the other parent.

What if my child wants to move with me?

You may have more flexibility, but the other parent can still challenge the move in court if it negatively affects the child or their relationship.

Do I need permission to relocate if I have sole physical custody?

You may have more flexibility, but the other parent can still challenge the move in court if it negatively affects the child or their relationship.

What happens if we can’t agree on the relocation?

The court will likely order mediation first. If no agreement is reached, a judge will decide whether the move is in the child’s best interest after a formal hearing.

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Contact a Los Angeles Move Away and Relocation Attorney Today

Move-away and relocation cases in Los Angeles require careful legal planning and strong arguments to ensure the best outcome for both the child and parents.

Consulting with a child custody move away attorney is the best way to navigate the legal process and protect your parental rights.

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I hired Maryam for my very high conflict and complicated custody battle. She took an emotional, dreadful, and exasperating experience, handled it with expertise, professionalism, and calmness that made it possible for me to be calm and believe that everything would work out. Everything did work out, and I’m SO THANKFUL for her. She’s sharp, smart, confident, and a fighter, all while being reasonable and not making a complicated situation worse. I would HIGHLY recommend her. The best experience I’ve ever had with an attorney. Not for one moment did I ever feel like I was just a paycheck to her, and she was worth every penny. Thank you Maryam, you were awesome!

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I have personally witnessed justice being served. Going through a rough custody and support battle with an ex that has immeasurable funds and zero sense of responsibility, we would not have made it through without my attorney, Maryam Atighechi. She gotten me the custody order that I requested. Her calmness in the face of storm paired with the spirit of tenacity make her an amazing legal representative. She is the BEST attorney!

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