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Janice Cho

Move-Away Requests in Bay Area Custody Cases

Custody issues can become complex when one parent seeks to relocate, these cases are known as "move-away" cases. These cases arise when a custodial parent wants to move with their child to a different geographic location, which can disrupt existing custody arrangements. Career changes, family obligations, or personal matters, such as caring for aging relatives or advancing professionally, are often key factors motivating relocation. These decisions can lead to legal disputes, as they may impact the non-custodial parent's access to the child. Courts must weigh the benefits of the proposed move for the child and custodial parent against the potential effects on the child’s relationship with the non-relocating parent.


You don't have to navigate the emotionally challenging process of a relocation request alone. Bay Area custody lawyer Janice Cho is skilled at addressing the complexities of move-away requests and balancing the various needs involved in these difficult situations.


What is the Standard for a Move-Away Request? 


The California Supreme Court's decision in In re Marriage of LaMusga (2004) 32 Cal.4th 1072 established the controlling precedent for move-away cases. This ruling marked a significant shift from prior legal standards, which generally favored allowing relocation when the custodial parent provided a "good faith" reason for moving. The LaMusga court determined that while custodial parents have a presumptive right to relocate, this right must be balanced against the child's best interests, the non-custodial parent's right to maintain meaningful contact, and the court's obligation to support and preserve parent-child relationships. 


Before any move takes place, if a custodial parent wishes to relocate far enough to affect the other parent's regular access to the child, the California Family Code requires a 45-day written notice to the other parent, any other individuals with custody or visitation rights, and the court, if required by local rules.


What is the Burden of Proof in a Move-Away Request?


The burden of proof for a successful move-away request varies significantly depending on the existing custody arrangements and orders, as well as any past behaviors of the parent seeking relocation that may indicate “bad faith” in their request to move.


What Do Courts Consider in a Move-Away Request?


Courts conduct a comprehensive analysis, considering multiple factors derived from LaMusga and subsequent cases. The court must focus on stability and continuity, examining how long the current custody arrangement has been in place and how effective it has been for the child. The strength of the child's emotional connections and social support network is also important, along with the impact of a move on established routines. 


An essential question in these cases is how far is too far to move. The distance of the proposed relocation, the costs associated with facilitating regular access (and who will bear those costs), and the ease of communication (such as time zone differences) are significant factors that will be considered in any request for relocation.


Additionally, the court must consider factors specific to the child, including the quality of their relationships with both parents (contact, connection, closeness), the child's age and developmental needs (including their ability to adjust to changes), and the child's stated preferences if they are sufficiently mature.


Finally, the court must assess additional parental factors in a move-away request. The nature of the co-parenting relationship between the parents and their ability to communicate and cooperate is critical. The actual good faith basis for the move, as well as the willingness and ability of the moving parent to facilitate the child’s relationship with the non-moving parent, are also considered in the overall evaluation of the request. 


Move-away cases in California child custody disputes highlight the evolving nature of family dynamics in our modern, mobile society. They represent some of the most complex and challenging evaluations of the needs and circumstances surrounding family relationships.


How Bay Area Custody Lawyer Janice Cho Can Help


The team at Law Offices of Janice Cho, APC understands the need for a nuanced approach. She can help you navigate the difficulties of a move-away request with sensitivity and diligence, ensuring that the legal process serves the well-being of the children involved.


Call (510) 925-2651 when you need the assistance of an experienced Bay Area custody lawyer.


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