FAMILY LAW ARTICLES

Moving to Another State, But the Other Parent Won’t Agree

Moving to another state sets up a long-distance relationship between the children and the other parent. Thus, the other parent disagrees with the move to the point of asking the court to prevent it. The court will always look in the children’s best interests, and first on the list is ensuring the children have a relationship and can spend time with both parents.

Reasons for Moving

Since the court wants to have both parents active in the child’s life and a long-distance relationship makes that difficult, the court will want to know why you need to move to another state.

Thus, you must have a valid reason to move. Some of the questions the court will need to know include:

• What state do you want to move to?
• Do you have family support in the other state?
• Is your job requiring you to move?
• If your job is not requiring you to move, but you are moving for work, can you find similar work in California for the same pay?

What the Court Looks At When You Want to Move

The children have a lot of support in their California home, including family, teachers, pediatricians, and most importantly, their friends. They are comfortable in the school they are in. Moving means a new school and new friends, which can be traumatic for some kids, especially if you do not have family members in the new state.

The court will also look at your record of facilitating visitation and communication with the other parent. If you tried to block visitation or contact by phone, email, Skype, and other forms of communication, the court would be less likely to allow you to keep the children if you moved.

The court will place the children with a more apt parent to facilitate visitation and communication.

Making the Big Move

If the other parent disagrees with the move, you must be able to show it is better for the children. A California family law attorney can help you negotiate a deal so that you can move and hopefully take your children with you.

You’ll need to show proof of better income, which means a better life for your children. Or, you might indicate that a child needs special medical treatment and that the medical facility in that state is the best in the country.

You might not have extended family in California and are moving back home for extended support. Whatever your reason, be ready to prove that it is in the children’s best interests, then contact our office for help in getting an order to take the children and a new parenting plan that outlines long-distance visitation.

Hartley Lamas will work with you to devise a strategy that benefits both parents and is in the children’s best interests so you can move to another state.