Recent Court Case Highlights Move Away Child Custody Issues

Pierre Domercq Child Custody and Visitation

A recent child custody case here in California highlights move away child custody issues and the best interests of a child. Divorced parents in this case shared custody of two children. 3 Years after the divorce the father approached the Court saying the mother was prohibiting the children from participating in little league baseball and other after-school activities.
The mother asserted her husband was abusing the children and that his anymosity toward the mother was affecting the best interests of the children. The mother took the children and moved 50 miles away during the proceedings.
Following hearings the Court gave the father full custody and provided the mother with weekend visitation every other weekend. The Court chastised the mother for not discussing the issue in more detail with the father, and for taking the action of moving away which was detrimental to the kids well being. The trial judge further found the father was more “supportive of their involvement in the local community” including their participation in extracurricular activities.
This case highlights the importance of several issues in move away child custody cases including:
(a) It is never wise to take children and move out of the area or out-of-state without the express written permission of the court in shared custody cases, and
(b) the Court takes assertions of child abuse quite seriously, but unfounded allegations and other detrimental behavior can and will affect present custody orders.
If you are concerned about post-decree custody or child support issues or the threat of a move-away or out-of-state relocation we invite you to contact us or call 760-712-3471 to schedule an appointment with one of our attorneys.