Many issues will come to the forefront in a California family law case. Some can even come up after the case is settled and all the areas of dispute were decided upon. That might include property division, spousal support, child custody, child support and parenting time. A factor that might complicate matters is if a parent wants to relocate with the child. In so-called “move away” situations, it can lead to acrimony, fear and contentious disputes as to how the noncustodial parent will have access to the child as the court order had stipulated. This can be complex and it is imperative to know how the law handles these challenges.
The type of custody is key in a relocation attempt
A fundamental aspect of addressing a parent’s attempt to relocate is the type of custody order there is. In cases where a parent has sole physical custody, moving is allowed unless the other parent is able to prove that it would be detrimental to the child in some way. Some parents have joint physical custody and the child spends approximately half the time with each parent, the parent who is trying to move is required to show why allowing it will serve the child’s best interests.
The type of custody agreement is undoubtedly important, but a parent who simply disputes the attempted move can still have the case heard by the court. The court will then consider the parenting schedule when the planned move will take place. In general, if the court allows the parent to move with the child, the parenting time agreement will likely need to be altered. That can include a different template such as the noncustodial parent having the child for extended periods during school breaks, the summer and holidays.
Any child custody case may require experienced assistance
In family law, the court will always seek to serve the child’s best interests. This is especially true with child custody and parenting time. The parents’ desires are also considered with the inevitable complications of a relocation. If a parent wants to move with the child, it is vital to know how the court will handle what might evolve into a contentious back and forth. From the start, regardless of the perspective, it is useful to have experienced guidance to know how to proceed and to try and forge an acceptable resolution.