When people complete a divorce that involved children and one party is given custody of them, it’s not uncommon for that custodial parent to encounter a situation where he or she wants to leave the state. This may be due to a new job, a new partner or to be closer to his or her family. However, doing so with the children of the marriage is a complicated matter that’s often difficult for the non-custodial parent to endure. Those facing this situation should seek the immediate help of experienced San Diego child custody lawyers. Below is a brief overview of this issue.
Child Custody Issues and ‘Move-Away’ Laws
Generally, when one custodial parent wants to move out of state with the children, these situations are governed by what are known as ‘move-away’ laws. In general, if the parents of the children have joint custody of them, one parent cannot leave the state with the children without the express written consent of the other parent. However, when one parent has primary custody of the children, the situation can become much more complicated.
Child Custody Move-Away Situations in California
In general, California laws that deal with this situation have come from the courts. Over time, different decisions have been made that have refined this law and how it applies to those who want to leave the state with the children. Of course, if one parent wants to leave the state with the children and the other objects and takes the matter to court, the overriding principle is the same as the original custody decision – the best interests of the child or children.
Since then, court decisions have made it somewhat easier for custodial parents to leave the state. Since a decision in 1996, custodial parents do not have to prove that moving out of the state with the children is a ‘necessary’ move. That decision was since codified into law. In addition, a subsequent decision allowed for a non-custodial parent to seek a change in custody if that parent could prove that the move would be detrimental to the child.
San Diego Child Custody Lawyers
Overall, these matters are as emotional for the parents and the children as they are technical for those who understand these nuanced laws. Therefore, people who face this problem need to act immediately in order to give themselves the best chance possible to maintain regular contact with their children. If this includes you, seek the help of San Diego child custody lawyers who have been fighting for the rights of fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.