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.
In a move away case, does it matter whether I am the custodial or non-custodial parent?
Categories
Related Posts
-
In California dissolution cases, what formula should be used in valuing businesses acquired during the marriage? In IRMO Brooks (3/27/19) this issue was raised as it pertains to the appreciation of corporate stock from a business.View Article -
In California, can a Court modify a final child custody judgment rendered after a contested trial without a party showing a substantial change in circumstances?View Article
-
In California, does Spousal Support always terminate on the remarriage of the supported spouse?View Article