When A Custodial Parent Needs To Relocate With A Child

Child Custody Move Aways, Change of Venue or Jurisdiction and Custody Evaluations-Compassionate Family Law Counsel for Complex Custody issues  

Child custody is an especially challenging aspect of divorce. Joint custody may allow both parents to remain in close contact with the children, but disputes may then arise when one parent wants or needs to move. The Law Office of Bradley S. Sandler A Professional Corporation is dedicated to promoting your children's well-being. Move-Aways in Beverly Hills or surrounding counties to Los Angeles, or out of state I represent parents in California who are seeking permission from a court to move their children and those who oppose a move by the other parent. We are Child Custody in Beverly Hills and greater Los Angeles advocates.

Reliable Counsel Helps You Solve Parent Move-Away Problems

California has its own statutes determining the process for moving a child when parents share custody. A petition must be filed before the move. In jurisdictions throughout California, a court must be notified after the move. No matter where you live, the issue that is most likely to arise is opposition from the child's other parent. Children are best served when they can have contact with both parents, but this isn't always possible. If I represent you, I will work hard to demonstrate why your move is necessary and in the child's best interests. Common reasons why custodial parents move include:

  • New career opportunities
  • Loss of a job
  • Medical care for you or your child
  • Caring for a parent or relative in another state
  • Marriage or a serious relationship

The laws are set out clearly in Family Code Sections 3020, 3087 and 3185 and in In re Marriage of LaMusga(2004) 32 Cal.4th 1072.

It is unrealistic for a court or your child's other parent to expect you to stay in the same place forever. I strive for an optimal resolution in your relocation case.  If, on the other hand, you are the parent who opposes such a move by the custodial parent, I can help you present your case for a modification that preserves your parent-child relationship.

The Primary Custodial Parent is Favored in a Move Away

The Primary Custodial parent has the presumptive right to move in California. California Family Code Section 7501 states: 

  • A parent entitled to the custody of a child has a right to change the residence of the child
  • The Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that ruling to be the public policy and law of this state.

In evaluating a parent’s request to relocate the residence of the party’s minor child, the Court is to use the same standards and burden of proof  in move-away cases as in all custody adjudications; hence “Best Interests Test”.   Accordingly the Court must look to all the circumstances bearing on the child’s best interest, including of course the mandatory Family Code Section 3011, et al. factors. 

Custody Issues For Military Service Members

Many military parents will need to move repeatedly and leave for months or years at a time on deployments. This can create a host of issues. As a family law attorney, I am proud to help these parents clear up issues associated with moving and to help them regain custody of their children after returning from deployment.

Get Answers To Your Questions About A Move-Away Dispute

Call the Law Office of Bradley S. Sandler A Professional Corporation at 310-246-3900 or send an email to Bradley@sandlerlawfirm.com to schedule a consultation about your child custody move away issue.

Contact Us

Law Office of Bradley S. Sandler Firm Logo

433 North Camden Drive, Suite 400, Beverly Hills, CA 90210
Email: Bradley@sandlerlawfirm.com
Phone: 310-246-3900

Twitter LinkedIn Google Plus