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Can a child custody move away be denied in California?

Can a child custody move away be denied in California?

California Family law judges look at this best interest standard with fresh eyes and assume that the parent who requests the move really does intend to move with the children. Parents think that if their move away is denied, no big deal – they will just change their mind.

Can a parent have custody of a child in California?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.

Can a child move if one parent has joint physical custody?

If the parents have joint physical custody of the children and 1 parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children.

Can a parent move with their child in California?

If the parents share joint physical custody, a careful analysis should take place as to whether or not the move is or is not in the children’s best interest. California Family law judges look at this best interest standard with fresh eyes and assume that the parent who requests the move really does intend to move with the children.

Can a custodial parent move out of California?

A custodial parent has the right to change residences or move neighborhoods with a child as long as the move won’t interfere with the child’s rights or best interests. Under California law, a parent must provide written notice of any plan to move away with the child for more than 30 days.

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.

How do you win a child custody move away case in California?

If there has already been a final judgment of custody in the case and the parent who seeks to move has been given sole physical custody, the non-custodial parent who wants to avoid the move away generally has the initial burden to show that the move would cause a detriment to the children.

If the parents have joint physical custody of the children and 1 parent does not want the child to move, the parent that wants to move with the children must show the court that the move is in the best interest of the children.