Saturday, 27 July 2013

Can I Move Out Of California with My Child?


Sometimes, a custodial parent may have to move out of California for job-related reasons, or for personal reasons.  Whatever the reason, the court may allow a person to move out of the state with a child if it finds that the move is in the child's best interests.
Under California law, you are allowed to move out of the state of California with your child, if you can prove that the move is in the best interests of the child.  The simplest and easiest way to move out of the state with your child is to talk to the other parent, and to work out a visitation schedule, that will help protect the rights of the other parent as well.  This requires great tact and diplomacy on your part. If the move would not hamper the child in any way, and would actually be better for the child, then it is possible for you to successfully explain the situation to the other parent.
However, in case the other parent does not agree to the move, then you may have to file a court request, asking for permission to move with your child.  Such consent is not necessary in those cases where the court has already granted you a child custody order giving you permission to move with your child, without asking for any consent from the other parent. 
However, if you go to court to enforce your rights, the burden of proof is on you to prove that the move would be in the best interests of the child.   The court can move to block custodial parents who want to move if it finds that the move will compromise the welfare of the child.

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