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Is there a different standard in a move away case between parties having a temporary vs. a permanent order for custody and visit


Yes, if you have a temporary order that was the result of a Request for Orders or Domestic Violence Restraining Order hearing then the standard is always what is in the best interest of the child and neither parent has a presumptive right to relocate with the child and are on a level playing field. However, when a permanent order is made (such as a Judgment or Dependency Court Exit Order), there is a presumption that the custodial parent has the right to relocate with the child and the burden then shifts to the non-custodial parent to show that the relocation would be detrimental to the best interest of the child. It is imperative to obtain a permanent order as soon as reasonably possible rather then sit on a temporary order for which the standard to modify such orders are much easier. Do you need help concluding your case, contact Covina attorney, Paul Eads today.

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