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The Law Offices of Paul H. Nathan

California State Law Allows Custody Relocation After Approval of Move Away Petition

Paul Nathan
San Francisco Divorce & Custody Lawyer Representing Women Exclusively

There are many reasons to relocate including job changes, housing costs, or family reasons. But before you plan to move, remember that California state law requires that the custodial parent file a move away petition before moving a child out of the state. 

The following factors will be considered during approval of a move away petition:

  • Children’s well being and emotional health
  • Children’s ages
  • Current relationship with parents
  • Impact on non-custodial parents’ access to the children
  • Level of attachment to the community/school
  • Distance of the move
  • Where the child prefers to live
  • Relationship between the parents
  • Reasons for the move

At the end of the day the decision will be based on the best interest of the children. For example, if the children will suffer greatly because of the move—e.g. leaving close relationships at a great school or leaving a parent or family members that the children have very close relationships with—the judge may rule for the children to stay where they are. The main goal is to allow the children to be in a situation where they will thrive and grow.

Divorce and custody battles can be very difficult for everyone involved. In order to help alleviate some of the confusion, contact San Francisco child custody attorney Paul Nathan at 866.414.4091.