In California, a move away case refers to a legal proceeding in which a custodial parent wishes to relocate with their child to a new residence that would make it substantially more difficult for the non-custodial parent to exercise their parenting time or visitation rights.
If the parents cannot come to an agreement regarding the proposed move, the court may become involved in deciding whether to allow the relocation. The court will consider a variety of factors to determine what is in the best interests of the child, including the reason for the proposed move, the child’s relationship with each parent, the child’s ties to the current community, and the impact the move would have on the child’s education and social life.
The parent seeking to move away has the burden of proving that the move is necessary and in the child’s best interests. The non-custodial parent can challenge the proposed move and present evidence to support their position.
It’s important to note that the laws regarding move away cases in California can be complex and may vary depending on the specific circumstances of each case. It’s recommended to consult with an experienced family law attorney for guidance and representation in these types of cases.