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California Custody Laws and Moving Away

When a child is in shared custody, parents are typically restricted to living within the certain parameters of a geographic area. When a parent wants to relocate, it can create tension and difficulty. In some cases, the parent may have primary custody and want to take the child with him or her when he or she moves. In other cases, that parent may want to move the child back and forth between counties or even states after the move. Whenever a parent wants to move, it is important to get lawyers involved. In the state of California, parents who have primary custody are technically allowed to move with the children, because the other parent does not have the right to determine the children’s future or make decisions. Child Custody Coach says that the primary parent has the right to move away with the children even if he or she agreed not to before.

While a custodial parent can chance a child’s residence, the court still has the power to stop any move that would affect the rights or welfare of a minor. For example, if a mother wants to downgrade her home to a small apartment and take a child away from all of his friends and place that child in a poor and unreliable home, then this is unacceptable and the courts may get involved. According to the California Family Code 7501, the court can evaluate a parent’s right to move if it will adversely affect the noncustodial parent’s ability to visit a child. Custody orders can be modified or terminated as a result of the move if it proves to not be in the best interests of the child. If you need more information about this arrangement, then you will want to hire a family law attorney to help you. With the right lawyer on your side, you will be able to work through this difficult situation and figure out how to best complete a relocation without creating tension.


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