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Questions California Courts Ask in International Move Away Custody Decisions

Posted by Thomas Huguenor on October 8, 2015 in Child Custody

Move Away CustodyAn international “move-away” custody decision is one where one of the divorcing or divorced parents is moving out of the United States and plans to take the child along.  Move-away decisions become more common every year as the globe becomes increasingly interconnected.

International move-away cases are never simple.  The court will ask several questions to understand the circumstances of your particular case, and seek a decision in the best interests of the child.  Your San Diego child custody lawyer can help you address questions like:

How can we best maintain stability and continuity in the child’s life?

These items depend not only on where the child lives, but on whether they can stay with the parent they see the most often, the length of time the custody order has been in effect, and how it’s carried out in practice.

What country is the parent seeking to move the child?

The Court will consider questions such as the safety and political stability of the international location, its distance from the other parent, and whether that country will enforce the court’s orders about child custody.

Why is the move taking place?

California law requires different showings by the moving parent depending on what type of custody order is in place. However, in many cases the court does not need the moving parent to justify the move.  But, if the court feels that the move is based on a bad-faith effort to keep the non-moving parent away from the child, the court may not permit the move.

What is the child’s relationship with each parent?

The court will often look at the relationship the child has with each parent, along with the age of the child, and the child’s wishes if they’re old enough to express them.  California requires the court to consider the testimony of children over age 13.

If you have any questions about child custody, do not hesitate to contact The Law Office of Thomas M. Huguenor. Our San Diego international divorce lawyers can be reached at (858) 458-9500.

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Posted in: Child Custody

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