Relocation Cases Part 5:

How can a non-moving parent show “detriment?”

Relocation cases are some of the most heavily contested and complicated child custody disputes that come into 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 does the court typically look at?

If the parents share physical custody, and the court has determined there is a legitimate “good faith” reason for the relocation, the court has to move on to consider what is in the best interests of the children.

The court has wide discretion to consider whether the pre-move parenting plan is considered primary physical custody or joint physical custody.  In situations where the court determines that the moving parent has primary physical custody, before the court moves on to what would be in the children’s best interests, the court must first find that there is a “detriment” to the relationship between the children and the non-moving parent.

This can be a difficult hurdle for a non-moving parent. If you don’t have enough parenting time for the court to consider it a shared parenting plan, how do you show that your relationship with your children will be impacted beyond the obvious issue of the distance involved?  This is where I advise all of my clients to make sure — whether relocation is a potential issue or not — they are as involved a parent as possible given the court order. It is much easier to make an argument that your child’s relationship with you will suffer if you can show all of the ways you are currently involved in things like school and extra-curricular activities that would be limited if not severed by the relocation.

 

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.
Share The Story