Move away cases can be extremely complex, but the main question that parents have is whether or not they can move away with their child if they choose to do so. The fact is, the court cannot prevent “you” from moving. A parent can move wherever they want, however, the question is can the child move with them. The short answer is, “it depends' '. Without an agreement of the parents, the moving parent has to petition for the court’s permission to allow the child to move with him/her to the new desired location. The court’s will first have to establish whether the move is in the best interest of the child. The goal of every move away case is to ensure a healthy and stable relationship with the none-moving parent and what allows the non-moving parent and child to maintain their bond.

Because there are so many factors that may influence a court’s decision on whether or not to alter custody in a move away case, it’s important to seek help from an experienced lawyer if you or your ex is considering a move. In the State of California, a parent must provide written notice if they are planning to relocate for more than 30 days with a child. This notice must be given well-enough in advance to allow the non-moving parent the opportunity to either agree to the modification of the custody agreement or petition the court to stop the move-away.