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Move-Away Orders: Don’t Wait Until It’s Too Late

When a parent wants to relocate with a child, it’s not as simple as packing up and moving — especially when there is an existing custody order in place. In California, these situations are handled through what's known as a move-away order, and they can quickly become complex.

The law requires that a parent obtain court approval before relocating with a child if the move would significantly affect the other parent's custodial rights. This process is not automatic and involves a careful review by the court, which evaluates several key factors:

·       The reason for the proposed move

·       The distance of the move

·       The impact on the child’s relationship with the non-moving parent

·       Whether the move is in the child’s best interest

One of the most common mistakes parents make is waiting too long to take legal steps. Whether you are the parent seeking the move or the one opposing it, early action is crucial. Waiting until the move is imminent can limit your options and weaken your position in court.

Move-away cases often involve high emotional stakes and legal complexity. Being proactive and understanding your rights and obligations can make a significant difference in how the court ultimately rules.

If you are considering a move or are concerned about a co-parent’s plans to relocate, it’s important to seek legal advice early in the process to understand what steps to take and how best to protect your custodial rights.

Q: Should I talk to a divorce attorney?

A: In some cases, your divorce may be uncontested and straightforward. When that happens, an attorney may not be necessary. However, depending on the parties involved, several issues can arise. If your divorce or separation is getting out of hand, and/or there are children involved, you may want a lawyer assisting you. Their expertise can prove to be beneficial to your case.