Experienced Move Away or Relocation Attorneys in Rancho Cucamonga

---

Move Away or Relocation Cases

Do you share custody of your children with their other parent and you need to move out of state for a new job? What about a spouse’s new job? Is the other parent not agreeable to letting you move with the children? You need to file a Request for Order to Relocate. The process can be long and difficult; so the sooner you file, the better. 

---

In re Marriage of Burgess and In re Marriage of LaMusga are the leading cases instructing the court on the burden of proof, the standards, and the evidence. In re Marriage of LaMusga reinforced and further explained In re Marriage of Burgess, holding, “The likely consequences of a proposed change in the residence of a child, when considered in the light of all the relevant factors, may constitute a change of circumstances that warrants a change in custody, and the detriment to the child’s relationship with the noncustodial parent that will be caused by the proposed move, when considered in light of all the relevant factors, may warrant denying a request to change the child’s residence or changing custody.” (In Re Marriage of LaMusga (2004) 32 C4th 1072, 1079). 

The LaMusga court set out many factors to be considered in determining whether a move would be detrimental to the child. These factors include:
 The likely impact of the move on the noncustodial parent’s relationship with the children

• The children’s interest in the stability and continuity in the custodial arrangement
• The distance of the move
• The ages of the children
• The children’s relationship with both parents
• The relationship between the parents
• The wishes of the children
• The reasons for the move
• The extent to which the parents are currently sharing custody 

The result of LaMusga expanded the need for the trial court to exercise its discretion by weighing a broader set of factors and a more expansive set of facts. Relocating can be difficult, so it is important to make sure the court examines all factors bearing on the question if it is in the Minor Child’s best interest to move with the parent. 

Call Now to Schedule a Consultation with an Experienced Move Away or Relocation Attorney

If you are considering divorce, or have already been served with divorce papers it's critically important that you call the Law Offices of Taylor B. Warner now at 909-466-5575 to schedule a consultation regarding your matter. We help clients throughout the Inland Empire facing divorce and can provide you with all of the facts & information and discuss your options and potential strategy based on your circumstances and unique situation.