Most co-parenting plans revolve around the idea that both parents can spend time in their children's lives. Usually, co-parents live relatively close to one another and are able to exchange children fairly easily. However, oftentimes, one parent moves away, whether it be for a job, a school, or for family reasons. In these situations, it can be tough to determine a child custody plan, as both parents are far away from each other.
In California, the non-custodial parent has the burden of proving that the move will be harmful to the child. If the move is determined harmful, then the non-custodial parent could be awarded custody. However, in cases where the parents have joint custody, the court must determine what is in the best interests of the child to come up with a new custody arrangement. Since the parents are so far away, frequent exchanges are not likely to be in the best interest of the child, so one parent is likely to have the majority of parenting time.
The court will likely look to many factors to determine what is in the child's best interest. The first factor the court will consider is which outcome provides the most stability and continuity for the child. If the child has spent the majority of their time with the moving parent since birth and is most comfortable with the moving parent, that could be a factor in favor of the moving parent. Conversely, if the child has laid many roots in the current area, has friends and family locally, and would benefit from staying in that environment, that could be a factor in favor of the non-moving party. The court could also examine the child's relationships with both parents, the parents' ability to co-parent, the age of the child, the distance of the move, the reasons for the move, and where the child wants to live.
Ultimately, a move-away case is a very complicated case, as both parents could be great parents and could be amazing at co-parenting, but frequent exchanges just simply wouldn't be possible. Unlike typical custody cases, the court cannot create an equal timeshare, as such frequent exchanges at a long distance would not likely be in the child's best interest.
12/26/2018 08:05:49 pm
My parents are getting divorced. I have two siblings under the age of 18, so they will have to figure out custody. It is great that the court will choose the ruling that best suits the child's wellbeing. I hope my brothers get to stay with my mom during the school year because they will be closer to their friends.
2/26/2019 08:24:20 pm
My aunt and her husband decided to separate and she wants to have full custody of their daughter. It was explained here that the court will look at factors with the child's best interest in mind. Furthermore, it's recommended to hire an experienced child custody lawyer for the best outcome.
5/22/2019 08:48:47 am
It's true that co-parenting usually revolves around the child's life. I think that I'll get the services of a lawyer since I have to prove that my ex-husband's move is harmful. This way, everyone will act in the best interest of my daughter so that she can get the best life possible.
5/24/2019 12:45:15 pm
That is nice to know the court could examine the child's relationship with both parents. Soon that is something I would want to have since I plan on moving soon. Then I would hopefully be able to get better custody even though I am moving.
8/13/2019 08:11:54 am
It's good to know that custody can change if one parent can prove that moving would be harmful to the child in question. My brother and his wife are getting a divorce, and he wants to make sure that he can still see his kids. I'll pass this information along to him so that he can hire a lawyer to help him make a case for getting custody of his kids.
8/29/2019 02:01:28 pm
Thanks for mentioning how a court will look at the options to figure out what is the most stable for a child during a custody case that involves a move. My sister is in the process of getting a divorce, and her ex-husband will be moving to another state to start work as a professor at a university. My sister wants to have custody of her children, so I'll tell her to work with a lawyer to make a case as to how she can provide stability to her children.
9/20/2019 07:59:42 am
My uncle wants to move away from his ex-wife. I like how you mention if a parent moves away it can be tough to determine a child custody plan. Thank you for the information. I'll recommend him to look for a place to live close-by so it doesn't affect his case.
Leave a Reply.
Maria E. Crabtree, CFLS