.: Child Custody and the Right to Move Away
Copyright 2006 Law Offices of Donald P. Schweitzer
For those of you who are interested in understanding the law concerning custodial parents who wish to move out of the area with children over the objections of the non-custodial parent, this article is for you.
Presumptive Right to Move
In our increasingly mobile society, custodial parent’s frequently desire to move out of state or to a different part of the state with the children, leaving the non-custodial parent far behind. Such moves are usually based upon the fact that the custodial parent has found a new job that requires the move or has a network of family members that he or she would like to live near. Based on these realities, California law provides that a parent who has primary physical custody of a child has a presumptive right to change the child’s residence – i.e., to move away with the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.
A custodial parent seeking to relocate with a child bears no burden of establishing that the move is “necessary.” In fact, the non-custodial parent bears the initial burden of showing that the proposed relocation of the child’s residence would cause detriment to the child, requiring a reevaluation of the child’s custody.
Procedural Safeguards
Based on our strong public policy favoring stable custody arrangements, trial courts will usually make an immediate interim ruling staying the move-away until the parents have been given the opportunity to participate in meaningful mediation, to obtain an independent custody evaluation and, ultimately, to present their positions at a meaningful hearing – including the right to present live testimony.
If the non-custodial parent makes such an initial showing that the move-away would be detrimental to the child, the court must perform the delicate and difficult task of determining whether a change in custody of the child is in the child's best interest.
Child’s Relationship with Non-Custodial Parent a Factor
Among the factors that the court ordinarily will consider when deciding whether to modify a custody order in light of the custodial parent’s proposal to change the residence of the child are the following: the child’s interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the child; the child’s relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the child above their interests; the wishes of the child if the child is mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody.
In light of the above criteria, the court can deny the proposed move if: the custodial parent has a history of not sharing custody with the non custodial parent; if the court finds the proposed move is being made for vindictive purposes; and if the court finds the move would be detrimental to the strong relationship between the child and the non-custodial parent.
Article keywords: law offices of donald p. schweitzer, schweitzer, donald schweitzer, law office, law offices, legal, law, family law, family court, pasadena, california, attorney, lawyer, move away, move-away cases, cases, law, custodial, parents, children, non-custo
Article Source: http://www.articles32.com
Law Offices of Donald P. Schweitzer
201 South Lake Avenue, Suite 700
Pasadena, California 91101
www.PasadenaDivorce.com
.: New Legal Articles
1). Who Can Make An Accessibility Claim Under the ADA
Who Can Make a claim under the ADA for lack of accessibility to a public business or facility.
2). A Loophole in Landlord Tenant Law in California
Basic housing standards required for residential property and a the loop hole that allows landlords to legally harass tenants.
3). Asbestos Settlements Help Victims Breathe Easier
The term asbestos settlement is used to describe all legal settlements reached where asbestos exposure has caused serious medical problems for an individual who worked in an environment now known to cause several types of 100% fatal cancers.
4). Choosing the Right Mesothelioma Lawyer Means Everything
Recently, have you or a loved one been diagnosed with Mesothelioma?
5). Mesothelioma And Getting Legal Representation
Filing a Mesothelioma lawsuit can be a long and arduous road.
6). Mesothelioma Lawyers In High Demand
Mesothelioma is a rare, deadly cancer that strikes nearly 3,000 people in the United States every year.
7). What Constitutes Nursing Home Neglect - Help for Nursing Home Abuse Victims
In America today, we have placed nearly 2 million elderly family members under the direct care of a nursing home.
.: Top Legal Articles
1). What does it take to be a Lawyer?
When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, Certifications etc’.
Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination.
2). Crime Never Pays
Crime is a bad thing. And the previous sentence was an understatement, and an inaccurate description of the concept of Crime.
3). The New Bankruptcy “Means Test” Explained in Plain English
With the new bankruptcy law in effect as of October 17, 2005, there is a lot of confusion regarding the new "means test" requirement. The means test will be used by the courts to determine eligibility for Chapter 7 or Chapter 13 bankruptcy. The purpose of this article is to explain in plain language how the means test works, so that consumers can get a better idea of how they will be affected under the new rules.
4). Estate Planning - No Contest Clause in your Will
Copyright 2006 Ronald Hudkins
There is value in the story of an older client who had seen a very interesting clause employed in a will. There was a great deal of money at stake and the many family members had little reason to love each other, because they had never met and never knew of each other’s existence. It was expected that the will would be heavily contested on several different fronts in every conceivable way.
5). DUI Law Punishments
It’s no surprise that current DUI Law mandates that DUI punishments cause problems in your personal life in the short term. With punishments such as t
6). Employment Law - Unfair Dismissal - Constructive Dismissal
The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fundamentally breached by such changes to her duties imposed by her employer. The Tribunal upheld this claim.
7). Employment Law - Excessive Working Hours - Breach of Duty of Care
n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.
Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.