In California, “move away” refers to a situation where one parent wishes to relocate with the child to a different geographic location, which may significantly impact the other parent’s custody and visitation rights. When determining move away custody cases, the court follows a legal framework to make decisions in the best interests of the child. The court considers the LaMusga factors:
The Child’s Interest in Stability and Continuity in the Custodial Arrangement. The court will review the current custodial schedule and assess how much the move would disrupt the established patterns of care and bond. The Court is interested in an arrangement that would provide a stable atmosphere for the minor child.
The Distance of the Move. The Court will assess the distance of the move between where the non custodial parent and custodial parent resides. The distance in miles and adequacy of financial resources for visitation.
The Age of the Child. The court will assess the age of the children. If a child is young, they are likely to forget their bond with the non custodial parent versus older children who have a stronger bond with the non custodial parent.
The Child’s Relationship with Both Parents. The court will assess how bonded the child is with each parent. The court will also analyze if extended periods away from parent would be detrimental to the child.
The Relationship Between Parents. The court will assess how well the parents can co parent and work together effectively and their ability to put the interests of the child above their own interests. The court will look at how likely the relocating parent is supportive of the relationship between the non-moving parent and the child.
The Wishes of the Child. The court may consider the wishes of the child if he or she is mature enough for such an inquiry through an attorney specially appointed for the child or a child custody investigator. However, considering the minor child’s wishes is only discretionary by the court.
The Reason for the Move. The court will analyze if the moving parent has a genuine and legitimate reason to move or if the moving parent simply wants to move to frustrate the non moving parent’s relationship with the minor child. It is important for the court to consider if the moving parent has difficulty dealing with the other parent and prefers little to no communication with the other parent.
The Extent to Which the Parents are Currently Sharing Custody. The court will analyze the current custodial order and how much time the child spends in each household.
After assessing each factor, the court will make a ruling after conducting an evidentiary hearing whether the move is in the child’s best interest.
It’s important to consult with an experienced relocation family law attorney in California who can guide you through the specific legal requirements and procedures involved in move away custody cases. They can help you present a strong case and advocate for your rights and the best interests of your child.
Contact us today to schedule a consultation.
