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CALIFORNIA MOVING OUT OF STATE:
MOVING YOURSELF AND YOUR CHILD OUT OF CALIFORNIA

As time goes by it is not unusual for an opportunity or even a need to arise in which you need to move out of the state of California. At this time it is important to revisit the court custody orders, parenting plan, and agreements that you have already made regarding leaving the state. It is, however, a delicate matter.

Remember, if a parent is trying to leave the state with a child without the consent of the other parent, this is grounds for that parent to file for an Ex-Parte Custody modification in which custody of your children could trade hands. Dealing with a potential out of state move must be dealt with in a professional manner and by the book. The family law attorneys at Best Custody Lawyer will help you to make the modifications, if necessary, to a divorce, separation agreement, custody order, or parenting plan.

If moving out of state you may need the consent of the other parent and you may need to go before the court to request that you be allowed to move. In this case the court will have to modify the existing custody orders. These are called 'move-away' cases.

What's important to realize is that in 'move-away' cases no one is deciding whether or not the parent can move. The parent has the constitutional right to move anytime. What is being decided is if the child should move and what the new visitation orders should be if its decided that it is in the child's best interest. The court could very will find that it is not in the best interest of the child to move. In fact, custody could change hands and the child could end up with the other parent. Furthermore, the child is allowed to have a say in court as to where he or she wants to live.

Nevertheless, a parent with sole custody has a 'presumptive right' to move with the child and so the other parent has the burden to show that the move would be detrimental to the child. Parents with joint custody, on the other hand, are at a more even playing field when it comes to a request to move a child out of state. The custody case will have to be re-opened and new orders written. Whenever you re-open a custody case and have a hearing it is uncertain as to what the outcome will be. The lawyers at Best Custody Lawyer will work with you to explore your options and inform you of the possible consequences. If you decide to go to court to request the move Best Custody Lawyer will aggressively represent the interests of you and your children. Likewise, if you are trying to prevent the other parent from moving, Best Custody Lawyer will help you show that it's detrimental to your child. Having Best Custody Lawyer on your side in a 'move-away' case is crucial.

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