Move-Aways

At Richard Ross Associates, our comprehensive representation of clients in Southern California family law and divorce cases extends beyond the initial decree and encompasses supporting or challenging efforts by the custodial parent to move away to another state or country, which may impact the child custody arrangement.

A custodial parent's relocation will almost always have a negative impact on the relationship between the child and the noncustodial parent.  However, this impact is only one of several factors which must be considered in determining whether a proposed relocation would warrant a modification of the custody arrangement.  Through law and motion practice, the court applies a set of factors to determine whether a hearing should be held on the move-away. 

Two California Supreme Court cases - In re Marriage of Burgess and In re Marriage of LaMusga - have shaped much of the law in this area.  In Burgess, the court held that a custodial parent who wishes to relocate does not have to prove that a move is "necessary."  As long as a move does not prejudice the rights or welfare of the child, the court recognized that the custodial parent has the right to change the residence of the child.  Under Burgess, the noncustodial parent has to prove that the move is a change of circumstances that warrants a change in custody, similar to any proposed modification of a child custody, child support, or spousal support order.

LaMusga reinforced the holding in Burgess by holding that the noncustodial parent does not have to prove that a change in custody is "essential" to prevent harm to the children that may occur due to the move.  The noncustodial parent only has to show that a relocation would cause some detriment to the children, at which point the court would have to determine whether a change in custody is in the best interests of the children.

The court in LaMusga set out many factors to be considered in determining whether a move would be detrimental to the child.  These factors include:

• The likely impact of the move on the noncustodial parent's relationship with the children
• The children's interest in the stability and continuity in the custodial arrangement
• The distance of the move
• The ages of the children
• The children's relationship with both parents
• The relationship between the parents
• The wishes of the children
• The reasons for the move
• The extent to which the parents are currently sharing custody

These factors only help the court make an initial determination as to whether the parent may have a right to move away with the child.  If these factors are adequately proven, there will still likely be a full evidentiary hearing on the matter.  For the noncustodial parent, it is important to know that such a hearing may be prevented, depending upon the application of the LaMusga factors.  It is critical for the noncustodial parent to understand these factors and advocate effectively when the factors do not support a move.

Effective Advocates On Your Side

Given the two-stage process utilized in move-away cases, it is important to have an attorney who is as skilled at preparing and arguing motions as actual courtroom litigation so that your matter is handled appropriately at all stages.  If you have a need to relocate that is in the best interests of the children, or if you have been served with papers regarding a move-away, contact Richard Ross Associates for assistance in achieving a workable custody arrangement or modification.