Sunday, February 22, 2009

What if She Wants to Leave the Area with the Kids?

In our case, the devil is the children’s mother...so for simplicity’s sake, I will refer to the custodial parent as “the mother” and the non-custodial parent as “the father.”

Whether the mother wants to move the children out of State or to the next town, it’s best to consider the father’s rights early in the planning process as move-away cases can be very difficult, time consuming, and costly. Before the move is planned, the father should be informed and an effort made to reach a mutually-acceptable parenting plan based on the proposed location of both parents.

Fortunately for fathers, the State of California takes in to consideration the impact of a long-distance move on his relationship with his children. The primary factor of “best interest of the child” is considered along with (1) the existing custody and parenting arrangement, (2) the attachment and support of the father and other relatives, (3) the child's ties to the community, school, church or synagogue, and friends, and (4) the child's desires and wishes. If the move would harm the relationship between a child and the father, and yet the mother remains set on the move, it may be sufficient to justify a change in custody to the father.

The primary consideration for modifying an existing order to allow the move-away is the child’s ability to have continuing and frequent contact with both parents without a detrimental effect to the father. If allowed, the modified order could provide additional time with the father during the summer months and other school recesses, while obligating the mother to pay the transportation expenses incurred in facilitating the visit.

In any case, a mother who moves away with the child without providing notice to the father may not only face a change in custody but criminal charges of kidnapping as well.

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