Knowledgeable Family Law Representation

How does moving out of state impact child custody?

On Behalf of | Aug 9, 2021 | Child Custody |

All states, including California, have specific laws that detail how child custody cases are handled. Sometimes, specific instances can arise that can force courts and involved parents to reexamine child custody cases. One such example is what happens when one spouse moves out of the state, and the impact that this can have on child custody.

As noted by many child custody advocates, these can be complicated questions, and the issue can often become contentious. That’s why it is best to understand the issue of child custody and how relevant laws can impact your specific situation.

How can moving out of state impact child custody?

The answer to this question depends on a variety of factors. Relevant child custody law is constantly evolving. At the moment, there are no limits against the primary child custody parent moving away, unless the other parent objects. Even then, the other parent must note that such a move would harm the children impacted.

In cases of joint custody, the parent not moving can challenge the relocation. If that is the case, the parent who is moving must demonstrate to the court how the move is in the best interest of the children.

It goes without saying that this issue can become very complicated very quickly. Ideally, both parents can work together to develop a parenting plan and visitation schedule that is in the best interests of the children involved. Preferably, this may involve an agreement that does not necessitate a court battle. Unfortunately, this isn’t always possible, and when that happens, lawyers and the court system will get involved.

In instances like this, courts will always take the best interests of the children – not the adults – into account. As a parent on either side of this issue, you must be prepared to show the courts how what you are trying to do is in the best interests of your kids.