Strategies for the Move-Away Parent

The following are strategies that should be considered by the parent who would like to relocate with the children. However, every situation is unique, and you should consult with an attorney with respect to your own situation.

    1. Attempt to negotiate an initial custody order that provides you with sole physical custody of the child.

 

    1. In negotiating an initial custody order, do not permit the custody order to have any move-away restrictions.

 

    1. Encourage the relationship between the child and the other parent.

 

    1. Reach out and involve the other parent in major decisions affecting your child, such as education, health care and extra-curricular activities.

 

    1. Avoid making negative comments about the other parent to or in the presence of the child.

 

    1. If the other parent breaks his or her visitation plans with the child, maintain a calendar that notes the time that parent breaks visitation plans.

 

    1. Be prepared to tell the custody evaluator and the court your proposed custody/visitation plan.

 

    1. Research housing, schools in the proposed area, and be prepared to tell the custody evaluator and the court where you will live and what school the child will attend, and describe the quality.

 

    1. Be prepared to explain the reasons for the move and provide documentation showing this (for example, if you need to move because the cost of living is less, be prepared to show documentation showing how much less the cost of living is in your proposed area than in the Bay Area city/county that you reside in.)

 

    1. Make sure that you will have a source of income after the move.

 

    1. Try to move to a location where you have extended family or a new spouse or partner.

 

    1. File moving papers at least six months prior to the scheduled move. The courts are backlogged and the parent opposing the move will often attempt “delay tactics.” You need sufficient time for a custody evaluation, potential depositions, and a trial.

 

Facing a move-away dispute? Call today to get Moradi Saslaw LLP on your side.