Relocation Cases Part 1:

What qualifies as a move-away or relocation case?

Relocation cases are some of the most heavily contested and complicated child custody disputes in our California family law firm. In this blog series, I’m going to break down the most common client questions and how they line up with what the court needs to consider in a relocation case.

What qualifies as a relocation?

Clients will often ask, “How far can I move without starting ‘move-away’ litigation?”

There are two possible scenarios:

1) The parties’ most recent court order for custody and visitation includes a geographic radius that dictates whether the parties must readdress the parenting plan with the court in the event of a relocation request. Simple and clear.

2) Pre-determined radius guidelines do not exist within prior court orders. That leaves the determination to common sense.

If a move is going to impact the current parenting plan significantly, making it impossible to maintain the visitation schedule or for one person to get the child to school or activities, then the orders will have to be revised in light of the move-away.

For example, if the parenting plan calls for Mom to have visitation on alternate weekends, even a move several hours away would not automatically require a full relocation assessment. The parenting plan is not being impacted significantly.

Contrast this to the situation where a move of only forty-minutes travel time will make it impractical for the child to have an equally shared (“50/50”) parenting plan during the school week when the commute to and from school would be too complicated.

Final Answer

Ultimately, it isn’t the distance that determines if there is a “move-away” as much as the impact the distance has on the status quo.

 

Related Posts:

PART 1: HOW FAR CAN I MOVE?

PART 2: WHY CAN’T I JUST MOVE AWAY?

PART 3: WHAT FACTORS WILL THE COURT ASSESS?

PART 4: WHAT IS A GOOD FAITH REASON FOR A MOVE?

PART 5: HOW CAN A NON-MOVING PARENT SHOW “DETRIMENT?”

PART6: IS A MOVE-AWAY IN THE CHILD’S BEST INTERESTS?

 

 

ABOUT THE AUTHOR: Matthew K. Purcell is a shareholder with FORESTER PURCELL STOWELL PC, a Northern California firm focused exclusively on specialized counsel for complex family law issues. Matt is a Certified Family Law Specialist and has more than a decade of experience handling a range of family law issues, as well as guardianships and juvenile dependency. Offering broad expertise to his clients, Matt has handled everything from intricate property and support issues to complex custody issues involving allegations of sexual and physical abuse, domestic violence, parental alienation, and relocations. The firm regularly represents business owners, professionals, and other high net worth individuals (or their spouses) in divorce, premarital agreements, custody disputes, and related actions. The legal team can be reached via our Contact Page or by phone at 916 293 4000. This information is general in nature and should not be construed as legal advice.
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