Courts consider the best interests of the child when parents with custody agreements want to move.

Very few people live out their whole lives in the same town anymore. Instead, people often relocate to other cities, states, or even countries in search of new opportunities. In cases where parents are divorced, separated, or otherwise living independent lives, it’s hardly surprising that one or the other will want to move at some point. Parents are always allowed to move, but they may or may not be able to take their children with them.

In the state of California, the custodial parent (who has the child at least 60 percent of the time) is presumed to have the right to move away and take their child with them. The burden of proof is on the non-custodial parent to prove that the move would be detrimental to the child. In the case of a shared custodial agreement where neither parent has custody more than 60 percent of the time, the court will decide what is in the child’s best interests without prejudice to one parent or the other.

Either way, the following factors may be used to determine what the child’s best interests are.

Distance of the move: In general, shorter moves are not seen as very disruptive to a child’s life or their relationship with the non-moving parent. However, international or cross-country moves will be scrutinized more closely.

Reason for the move: A move can be made for any reason or no reason, as long as it is not done in an effort to interfere with the relationship between the child and the other parent.

Child’s age: A court is more likely to see a long-distance move as detrimental to a young child than an older one. Young children often have strong attachments to both parents and lack the understanding of time that will enable them to understand how long they will have to wait to see the other parent.

Co-parenting abilities: The better the parents are at communicating with one another, the easier it will be to continue to foster a relationship between the child and the non-moving parent.

Child’s wishes: In the state of California, children who are at least 14 must be allowed to testify at a child relocation hearing. Younger children may also testify if the court finds it appropriate, or else talk to a court-appointed evaluator about their preferences.

Child’s relationship to each parent: A child custody evaluator may be assigned to the case to help assess the child’s relationship to each parent and advise the court of how a move would affect those relationships.

Need for continuity in the child’s life: The child’s connections to the community, including their school, friends, and other local relatives, will also be considered in a child relocation case.

If the court finds that the move is not in the child’s best interests, the court may grant custody to the other parent so the child does not have to relocate. If the court finds that the move would not be detrimental to the child, it may nonetheless amend the custody agreement to ensure adequate contact with both parents.

Whether you are seeking to move or responding to your co-parent’s plan to move, you need a skilled child custody attorney on your side to help you understand how best to present your case to a judge. Contact Torrence L. Howell today for expert assistance.