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The Move-Away Case – Non-Custodial Parents Worst Nightmare

David Pisarra Dec. 22, 2011

For Non-Custodial parents, whether they are the father or the mother, when the other parent, who has primary physical custody of the child decides to move away, whether it is 20 miles or 2 continents, the nightmare begins.

Move-away cases are heart breaking cases, because for the most part, the parent who has Primary Physical Custody has a right under California Law to decide where the child shall live.

As lawyers who fight these move away cases in Los Angeles county and Ventura county, we have a very hard time because the law is so slanted on the side of the parent who has primary physical custody. When we appear in Orange County on these cases, we have had great success, after using a child custody evaluator who determined that it was not in the best interests of the child to move, because it was being done to frustrate the relationship between the child and her father.

Under California law, the parent with Primary Physical Custody has a presumptive right to move and the main issue at a move-away hearing is how is the non-custodial parent going to maintain a relationship with the child. The non-custodial parent has rights of access and visitation, which usually result in large blocks of time being granted to them to maintain a relationship with the child.