MOVE AWAY REQUESTS
If a custodial parent wishes to move away with the child/children, he/she can do it by either obtaining permission from the other parent or by requesting the Court to allow the move.
In determining whether to grant move away, the trial court’s function is not to reward or punish the parents for their past behavior, but to decide what is in the best interests of the children. In re Marriage of LaMusga, 32 Cal.4th 1072, 1097 (2004 ).
At the present time, move away requests are usually granted, unless there is a showing that moving away will be detrimental to the child. In making a determination about detriment the court will consider a variety of factors, which can include but are not limited to the following: how the move will affect the child’s continuous and frequent contact with the other parent, the length of time during which the child resided in the neighborhood/city, the child’s extracurricular activities, friends and ties in the community, and where the extended family resides.
If the move away is granted, the other parent is usually awarded blocks of time with the child during holidays/vacations and liberal contact via phone and/or skype.
For more information call the Law Office of Maria Taylor at (760) 583-1473.