Family code 3011(c) sets forth that the Court shall not consider the parent's absence or relocation from the family home in determine custody or visitation if either: 1) absence is of short duration and during absence the parent has demonstrated an interest in maintaining custody or visitation; or 2) the party is absent or relocates due to actual or threatened domestic violence by the other parent. With the rule being as set forth above, the court not use your relocation from the residence if your move is due to your desire to be safe from the other parent or that you make reasonable efforts to maintain contact with the child during your absence.
Keep in mind that the Court will consider the other parents conduct in interfering with the other parents contact with the child. For example, if you move out of the residence and try to maintain a relationship with the child but the other parent is always making the child unavailable because the child "already has plans", the Court will not use the absence of contact against you. In addition, the Court will certainly use the conduct of the other parent against that parent in making appropriate custody and visitation orders.
If you need assistance in planning your departure from the residence so that you do not jeopardize your custody and visitation orders, contact Covina child custody attorney Paul Eads today.