CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Change of Residence/"Move Aways"
............Move Restricted
 15 Cards On This Topic:
  • In making custody order, court may specify that parent may not change residence of child without giving other party adequate notice.
  • Joint custody situation is exception to general rule that custodial parent has presumptive right to move away with child.
  • Cases restricting the custodial parent’s right to move.
  • Family court erred in applying "changed circumstances" rather than "best interest" rule to move-away order where no final judicial custody determination; DV order not a permanent custody determination.
  • Trial court deprived H of opportunity to be meaningfully heard before granting W's "move-away" request; rules of procedure governing FL matters are commands which ensure fairness by their enforcement.
  • Trial court's findings made clear the court determined that relocating to Oregon would cause detriment to child: This finding alone, supported by substantial evidence, required affirmance.
  • Where no final permanent custody determination made, trial ct. must use best interests analysis and consider all circumstances; it need not make detriment finding.
  • Trial court erroneously denied H the opportunity to present evidence on whether W's move with children 2 hours away would cause detriment to the children.
  • Custodial parent denied right to move with child when she had no plans for employment and move seemed designed to frustrate visitation.
  • Mother's request to move out of state and F's response to OSC raised issue of custody; is it in C's best interest that custody go to F?
  • In "move away" cases where a shared parenting arrangement is working, order changing custody requires outside evaluation and then can be made only for imperative reasons.
  • Custodial parent may be prevented from removing child from state when result would be detrimental to relationship between child and noncustodial parent.
  • Prospective change of residence a factor court may consider in changing custody.
  • Noncustodial parent's moving his/her residence constitutes change in circumstance.
  • Movement of residence by custodial parent to frustrate visitation should be considered in decision to change custody.


    •