17 Nov Move-Away Cases Are the Most Complex Child Custody Disputes
Move-away, or relocation, cases are easily some of the most difficult child custody cases to resolve. If you are getting divorced and are staying in the same general vicinity, arriving at a custody agreement is far easier.
However, as soon as one or both of you decides to move out of the area, the case turns into a move-away battle. It’s a battle because typically one parent will be opposed to the other’s relocating since it can negatively impact time spent with the children.
The intensity and complexity of these cases make it important to work with an experienced family lawyer. At the Law Office of Laurence J. Brock, we represent clients who want to move and take their children with them, as well as those looking to keep them here when their ex moves.
An important factor to consider in these cases is that your current custody arrangement and parenting plan have a direct impact on what the outcome will be.
Sole Physical Custody
A parent that is awarded sole physical custody of a child is likely to be granted the right to relocate. This is because the parent already has decision-making authority for most areas of the child’s life and is the sole person responsible for providing the child’s care.
In this case, it is up to the other parent to prove that the move could harm the child somehow.
The burden of proof is on the parent that does not have custody but does not want the child to move. Evidence must be gathered demonstrating that a move would be detrimental to the child either physically, emotionally, or mentally. This information then needs to be presented to a judge so that a final ruling can be made.
Joint Physical Custody
If both parents have joint physical custody, the burden of proof shifts to the parent that wants to move. In this case, the relocating parent must prove that the move is within the best interests of the child.
This approach is entirely different. It can be equally difficult to prove, however, since the evidence must demonstrate how a move could significantly improve a child’s quality of life. Some examples of potentially persuasive evidence are described below:
- Higher Paying Job – With more income available to the family, better and more opportunities will become available to the child, along with a more stable environment.
- Superior Educational Opportunities – If the move is being prompted by a child’s ability to attend a special private school or go to public schools that are rated higher, it will be possible to demonstrate how this could be beneficial to the child’s future wellbeing.
- Increased Access to Medical Care – Moving to an area with better medical care may be important if a child is in poor health or in need of special services.
- Closer Proximity to Family – If a divorcing couple moved to a new state during the marriage, moving could result in reuniting with family for additional financial and emotional support.
Help from a Rancho Cucamonga Child Custody Attorney
In a move-away situation, both parents need to be represented by an attorney. These cases are complicated and require significant preparation and time.
If you currently find yourself on either side of one of these disputes, give the Law Office of Laurence J. Brock a call at 909-466-7661. You can also reach us through the contact form below, and someone from our office will contact you at your leisure to schedule a free, no-obligation consultation.