A common but very difficult issue that arises in custody cases is when one parent needs to relocate with the children.  

A common misconception in these cases is that the court is deciding whether the parent can in fact move.  The parent always has the right to move.  The court then must decide whether it is in the best interest of the children to move with the relocating parent or remain with the other parent.  Keeping the moving parent here is not an option for the court.

When faced with this difficult dilemma, the court must consider the following factors:

1. the children’s interest in stability and continuity in the custodial arrangement;

2. the distance of the move;

3. the age of the children;

4. the children’s relationship with both parents;

5. the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests;

6. the wishes of the children if they are mature enough for such an inquiry to be appropriate;

7. the reasons for the proposed move; and

8. the extent to which the parents currently are sharing custody.

Anderson Family Law is experienced in both international and domestic move away cases. If you wish to schedule a consultation with Katie Anderson, contact us here or call (760) 291-4105.