Few issues in child custody are as complex—and emotionally charged—as a parent wanting to move away with a child. Whether it’s for a new job, family support, or a fresh start, relocation can significantly impact custody and visitation arrangements.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help parents navigate move-away cases with a focus on protecting both parental rights and the child’s best interest.
What Is a Move-Away Case?
A move-away case arises when one parent seeks to relocate with a child in a way that would affect the other parent’s custody or visitation rights. This could involve moving out of the city, to another part of California, or even out of state.
The key issue is not just the move itself, but how it impacts the child’s relationship with both parents.
Does the Custodial Parent Have the Right to Move?
The answer depends on the existing custody order.
If one parent has primary physical custody, they generally have a presumptive right to relocate with the child. However, that right is not absolute. The other parent can challenge the move by showing that it would be detrimental to the child.
If custody is more evenly shared, courts apply a broader best interest of the child analysis and may reevaluate custody entirely.
Courts in Torrance, Long Beach, Pasadena, and throughout Los Angeles County carefully examine the specific facts of each case.
What Factors Do Courts Consider?
When deciding whether to allow a move, judges may consider:
- The reason for the move (job opportunity, family support, etc.)
- The distance of the relocation
- The child’s age and needs
- The current custody arrangement
- The child’s relationship with both parents
- The ability to maintain meaningful contact with the non-moving parent
- The level of cooperation between parents
Courts are especially focused on whether the move will support or disrupt the child’s stability and emotional well-being.
Can Custody Be Changed?
Yes. In some cases, if the court determines that the move would negatively impact the child, it may modify custody rather than allow the relocation. This could result in the child remaining in the current area with the non-moving parent.
Because of this, move-away cases often involve significant legal strategy and preparation.
The Importance of Planning Ahead
If you are considering a move, it is critical to plan ahead. Acting without court approval or proper notice can harm your case and affect your credibility.
Likewise, if the other parent is planning to move, early action is important to protect your parental rights.
With more than 30 years of family law experience, attorney Stuart E. Bruers understands how local courts approach relocation disputes and helps clients build strong, fact-based cases.
Take the Next Step
If you are considering relocating with your child—or need to respond to a proposed move—contact the Law Office of Stuart E. Bruers today. We represent parents throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities, providing experienced guidance through complex custody disputes.