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In a move away case, does it matter whether I am the custodial or non-custodial parent?

The custodial parent has the presumptive right to change the residence of the minor child and is not required to show the move is necessary, but rather that the move is not prejudicial to the child's best interest. This presumptive right does not apply to the non-custodial parent and they are saddled with the burden of showing that the move is detrimental to the child's best interest. If the parents, on the other hand, have Joint Physical Custody (both have periods of substantial custody), the Court must determine the matter de novo (from scratch) and make a determination of what custodial arrangement is in the child's best interest. If you need expert assistance in crafting a comprehensive custodial arrangement that preserves your rights, contact Covina attorney, Paul Eads today.

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