Winning a Child Custody Move Away Case in Orange County, California
What are the best ways to win a child custody move away case in Orange County? When two parents share custody of a child in Orange County, there should be a custody and visitation order in place. Usually, these orders will need to be modified at least every two to three years so that the terms of the order remain in the best interests of the child. So, what happens when one of the child’s parents wants to move out of town, out of California, or out of the United States? A child custody move away case can be tricky to navigate, and in order to successfully get through a move away case in California, it is a good idea to discuss your family situation with a skilled Orange County custody lawyer.
How a Child Custody Move Away Case Starts in California
If a parent who has custody of a child wishes to relocate, that parent can file to modify the child custody order with the Court. The parent can ask to relocate with the child or the parent can ask to have the custody order modified so that the child remains with the other parent while the requesting parent moves away.
What Will a Court Consider During a Move Away Case?
The biggest part of a move away case is the same as any child custody case: the best interest of the child. The current custody order should have been made or modified in the best interest of the child, so the judge will likely consider the current custody order.
Do YOU KNOW, what a California Court will Consider During a Move-Away/Relocation Case?
Remember that in a custody order, there are two types of custody: physical custody and legal custody. Move away cases usually deal with the physical custody of the child, however, whether or not the judge wants to change the legal custody aspect of the order will be determined on a case by case basis,
Joint Custody - If the current order states that the parents have joint custody, both parents usually start the move away case equally. The court will make a new custody order based on the best interests of the child. In this case, either party will need to show how to best protect the best interest of the child.
Sole Custody - If the current custody order states that one parent has sole custody, it was probably determined that it was in the best interest of the child to be with the custodial parent. Therefore, the custodial parent has a “presumptive right” to custody of the child. In this case, the noncustodial parent has the burden of proving that moving away with the custodial parent would be detrimental to the child.
There are several ways for a noncustodial parent to show detriment, although it can be difficult. Depending on the child’s age, the child’s relationship with the noncustodial parent, or the child’s connection to his or her school or community, there may be a significant change in circumstances that warrants a modification to the child custody order so that the noncustodial parent becomes the custodial parent.
Determining the best interest of the child in a custody case can be tricky. In a move away case, the following factors will likely be considered by the judge, especially when one parent has sole custody of the child.
• It is always important that a child has stability and routine in his or her life, especially when the child is young. The amount of time that the child spends with each parent prior to the move, how long the current custody order has been in place, and the child’s ties to the community, like school, friends, and activities, will be considered;
• Depending on how far the parent is moving, the child may be able to have visitation with the other parent;
• The child’s age will likely factor in as well. Younger children need more time with both parents, while older children are more likely to spend time with friends. Children who are 14 and older in California may also have a say in their own custody arrangement;
• The child’s relationship with both parents will factor in to the custody agreement;
• The parents’ relationship with each other will also be factored in. This includes the parents’ communication with each other, each parent’s ability to put the child’s needs first, and the likelihood of each parent to cooperate when the child needs to see the other parent;
• The reason for the move may or may not be a valid reason to change the custody order. If the move is not necessary for the custodial parent and it unnecessarily disrupts the relationship between the child and the noncustodial parent, the judge may alter the custody agreement.
Read our Helpful Tactics for the Moving Parent that can help win a case in California
Tactics for the Moving Parent
As the moving parent, if you wish to move with the child, the following can help you win your case.
• If you don’t already have sole custody of the child, try to renegotiate so that you have sole physical custody;
• Support the child’s relationship with the other parent;
• Keep a record of the times that the other parent does not stick to the custody arrangement. This includes missing visitation, or failing to uphold his or her responsibilities under the custody order;
• Research the benefits of the place you’d like to move, like housing, schools, and safety;
• Have a good reason for moving, like a new spouse, extended family, or a new job.
Tactics for the Parent Who Isn’t Moving
Attorney Recommended Tactics for the Parent Who Is not Moving Away
• Negotiate for sole custody, or joint custody that allows you to spend as much time with the child as possible;
• Support the child’s relationship with the other parent;
• Stick to the terms of the existing custody and visitation agreement. Keep a record of the other parent’s violations;
• Maintain a positive relationship with your child. Even if you do not have custody, know the child’s friends, doctors, and activities.
Learn the best ways to win a child custody move away case via a Child Custody Lawyer in the OC
Regardless of which side of the case you are on, a custody lawyer can help protect both your interests and the best interests of your child. Contact Yanez & Associates today to schedule your free initial consultation.
