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CA Move away cases


What happens when a parent in a California Paternity or Divorce case requests the court's permission to move away, but would only move with the minor children if the request was actually granted?

In a recent case (Mark T. Vs. Jamie Z), the parties had entered into a temporary custody agreement that was then entered by the court. The agreement was that Z had primary custody while T had liberal visitation schedule. The temporary orders were the result of T filing a paternity case in Ca and parties reaching an agreement. However, a final judgment in the case had never been entered. Shortly after the agreement was made, Z filed a Order to Show Cause (OSC) with the court as he had requested to relocate with the child to Minnesota where she would have both the emotional and financial stability from her family.After a psychological evaluation, the court denied Z's request to relocate and, instead, adopted the prior arrangement that the parties had. In denying Z's request, the court assumed that Z would not move to Minnesota if the court had denied her request to relocate. Z filed an appeal. The higher court found that the trial court had misapplied the pertinent legal standard in conducting the move away request. The proper standard is that when parents share joint physical custody of a minor and one party requests to move away, the court must proceed on the assumption that the parent will in fact move away and fashion a custody order based on the best interest of the minor. In addition, it is improper to ask the question if the parent will still leave if their relocation request is denied.

Based on these recent move away cases, it is imperative to have effective and aggressive legal counsel who current on the ever changing nature of family law to increase the likelihood that your move away request will be granted. In addition, the court follows a strict criteria of factors in determining whether or not to grant a parties' request to relocate. Having Covina attorney, Paul A. Eads in your corner will make a world of a difference in strategizing and planning either to assist with your move away or to decrease the chances that the other party will move away. Call me today to schedule a free consultation.

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