Moving with the children?

There are many things to consider when moving residences; how many bedrooms will the new home have, where is the nearest school, what kind of neighborhood is it, and what is the weather like?

Usually, when families move they don’t have to consider if the kids are coming along.  However, in families with parents living separately, moving requires a different analysis.

Simply put, one parent can object to the other moving with the children.  What determines if the moving parent can move with children is more complex.

In Re Marriage of Burgess 13 Cal4th 25 and In Re Marriage of LaMusga 32 Cal.4th 1072 are the two cases that lay out what factors the court must consider before granting a move.

In summary, if the moving parent is also the primary parent then they have a presumptive right to move with the child.  Family Code Section 7501 later affirmed this idea.  It is easy to see why getting primary custody is so important.

The two cases delineated several factors.  The list is quite extensive, but here are some highlights: the best interest of the child, the current custody arrangement, the relationship between the parties, the distance of the move, the age of the child, the child’s preference and reason for the move to name a few.

Before moving it is important to consider these factors to determine if your next move will be the right move for you and your children.
If you do not, then you could be stuck with a lease or mortgage in your new home across the county, or registering the children in school  before you are granted permission to move. Then you are really in a bind.

It is important to contact a family law attorney before you move to make sure all your bases are covered.