Thursday, March 18, 2010

Child Custody Move-Away Issues

When a custodial parent in a child custody proceeding requests a move-away order from the court allowing him/her to move a significant distance that would interfere with the noncustodial parent's visitation and his/her contact with the children, this is commonly referred to as a move-away case. A move-away case is one of the most difficult cases for the family courts to hear, because the request by the custodial parent to move away with his/her children often has a negative impact on the frequent and continuous contact the children will have with the noncustodial parent. Some jurisdictions are permissive in how they rule on move-away cases, and other jurisdictions are more restrictive.

States in which the statutory language and case law pertaining to move-away cases is more permissive may result in more permissive rulings. In such states, there may be a strong presumption that the parent that has primary physical custody of the children has the right to move away with the children, while the burden to prevent the move-away (by showing that the move-away is in bad faith or would be detrimental to the welfare of the children) rests squarely on the noncustodial parent. Further, states that are more permissive in move-away cases may not require the custodial parent to show that the move is expedient to the child's welfare, or even necessary. In other words, if the move-away is good for the custodial parent, then the move-away is presumed to automatically be good for the children.

To read this article in its entirety, please click here.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at


No comments: