Move-Away Laws in California
In today’s difficult economic climate, parents across the nation are finding it necessary to make life-altering choices to support their families. U.S. federal and state regulations give citizens the right to relocate to other parts of the country in pursuit of gainful and sustainable employment.
However, some unique stipulations exist on this point when it comes to custodial divorced parents looking to move out of state with their children. Depending upon an array of criteria and circumstances, a non-custodial former spouse may be able to challenge the moving plans of a custodial parent.
Individuals thinking of relocating or who have already secured employment in another area must consider the possible impact of their choices in light of current custody arrangements. Even small-scale movements, such as those into a new home in another area of the same city, can affect a non-custodial parent’s access to children.
For this reason, custodial parents are required to file for permission to relocate with the local court. California state law guarantees the custodial parent’s right to change residences without fear of punishment or prevention, but the court may still choose to make modifications to visitation and custody specifics if it is determined to be in a child’s best interest.
Some factors that play into many court decisions on this point include:
- The child’s current level of stability in the present arrangement
- The distance of the move
- The custodial parent’s reason for the move
- The child’s age
- The extent to which the parents are currently sharing custody
Contact Us
For more information on move-away laws in California, and for all your child custody questions and concerns, contact an experienced San Jose divorce lawyer at the offices of Daniel Jensen, P.C. today by calling 408-296-4100.
