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Can a Custodial Parent Move Away with a Child

July 31, 2021 Uncategorized

In matters where a child’s parents divorce, the courts are frequently involved in determining who gets custody of the child. Parents can work out these arrangements on their own and merely require the court’s approval, but if there are arguments over how to divide a child’s time between each parent, a judge will have to weigh in.

Determining which parent will have physical custody of a kid and which parent will have legal custody of a child will be a part of this procedure. These terms allude to the location of a child’s home and the authority to make key decisions for the young one. Both types of custody are sometimes combined, while one parent may be given exclusive custody or no custody at all.

Whether or not both parents have physical custody, a child will undoubtedly spend more time with one parent than the other. This is not just due to the fact that the week has an odd number of days, but also because evenly dividing a child’s time during the week can interfere with their schoolwork or other crucial considerations. The custodial parent is usually the parent that spends the most time with the child during the week.

When a Custodial Parent Wants to Move, What Happens?

Let’s pretend that the custodial parent want to relocate from their existing residence. Perhaps they wish to relocate to a cheaper area, or perhaps they have a new job in another state.

Because the non-custodial parent may share partial physical custody or visiting rights with their child, the custodial parent’s willingness to move matters. Moving can make exercising these rights more difficult, expensive, or impossible for the non-custodial parent.

Before moving away, custodial parents must notify the court. Custodial parents must give written notice of their plans at least 45 days before the intended move, according to California law. The non-custodial parent then has the option to oppose to the relocation and request that the child custody arrangement be modified.

It’s Important to Consider How the Move Will Affect a Child.

The impact of a parent’s proposed transition on a kid is crucial in assessing whether or not a custody agreement adjustment is required. Keep in mind that a judge will not automatically adjust custody simply because a move is difficult for a child; rather, the move must have a significant negative impact on the child before a change of custody is considered. Furthermore, the noncustodial parent is normally responsible for proving that a change of custody would be beneficial to the kid.

Before making a ruling, a judge will consider the following factors:

  1. How old the child is
  2. The reason behind the relocation
  3. The movement’s length
  4. The current custody agreement between the parents
  5. The social impact of the move on the child
  6. Depending on the child’s age, the child’s wishes
  7. The psychological impact of the transfer on the kid
  8. The effect of the relocation on the child’s education
  9. The impact of the transfer on the noncustodial parent’s connection with the child

If a custodial parent’s motivation for moving isn’t immediately beneficial to their child – such as moving for work or to be closer to other relatives – the non-custodial parent may be able to change the custody agreement.

If the child’s other parent disagrees to the relocation, a parent in California who wants to return to the East Coast for no other reason than to enjoy the “vibe” or climate risks losing custody.

If the child’s other parent disagrees to the transfer, a parent in California who wants to return to the East Coast for no other reason than to enjoy the “vibe” or climate risks losing custody.

When the non-custodial parent relocates, what happens?

Non-custodial parents are free to move whenever they want, as long as they do not bring their children with them. The parent’s visitation schedule will need to be altered to accommodate the transfer, but the non-custodial parent will have to apply for this. When a custodial parent moves, the judge will evaluate what is in the best interests of the kid and change custody or visitation (or do nothing) as needed.

If the non-custodial parent is relocating out of state and was granted supervised visitation due to child abuse or substance misuse, they must return to California to see their children.

Spodek Law Group Can Assist You

The California child custody attorneys at Spodek Law Group are committed to assisting clients with some of life’s most challenging family law situations, such as child custody disputes. We understand how vital it is to spend time with your children, yet life may make things more complicated than we would want. Rest assured that our legal advocates are here to help you express your rights in a compassionate and dedicated manner.

Please call Spodek Law Group immediately to learn more about how we can assist you.



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