A move away is the hardest custody battle. Just ask Halle Berry, who was blocked from moving her daughter to France to escape a paparazzi stalker.
There are several considerations to take into account, following landmark cases like Marriage of Lamusga (2004) 32 Cal. 4th 1072 and Marriage of Burgess (1996) 13 Cal. 4th 25. There are different rules depending on whether the parties have a custody order or not and whether one parent has sole or joint custody. The circumstances of the child and parents are paramount.
A person who contemplates a move away should see how the following factors apply to them:
Lamusga factors:
< The reason for the proposed move;
< The extent to which the parents currently are sharing custody.
< The distance of the move;
< The children's interest in stability and continuity in the custodial arrangement;
< The children's relationship with both parents;
< The relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests;
< The age of the children;
< The wishes of the children if they are mature enough for such an inquiry to be appropriate; the
reasons for the proposed move; and
Burgess factors (that aren’t already covered above)
< The nature of the child's existing contact with both parents-including de facto as well as de jure custody arrangements;
< The child's community ties;
< The child's health and educational needs;
< Whether the move is simply to frustrate the noncustodial parent's contact with the minor children;
< The child's circle of friends; and
< The child's particular sports or academic activities within a school or community.
Move aways are the most complex type of custody litigation. Parties often go to multi-day trials and bring in outside experts to help the Court determine who should have custody of the children. Anyone dealing with a move away action should contact the Law Offices of Jane Migachyov immediately.