Legal Question in Family Law in California

Re: How do I prove moving is in my childs best interest?

The supreme court in Marriage of LaMusga stated that the considerations that a court must make, among others was:

The children�s interest in stability and continuity in the

custodial arrangement;

� The distance of the move; (On this issue, based upon previous

cases I would suggest that the practicality of commuting for

visitation be addressed not just the miles. Therefore, economic

status and age of the children are important on this issue.)

� The age of the children;

� 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 wishes of the children if they are mature enough for such an

inquiry to be appropriate;

� The reasons for the proposed move; and

� The extent to which the parents currently are sharing custody.

The court did not set forth as a factor the stability and

continuity of social or extended family relationships. I would suggest

that may be one of the �other factors� that should be considered. Because of the many factors you probably need a good attorney who is familiar with move-away issues. Good Luck, Pat McCrary

Re: How do I prove moving is in my childs best interest?

Although the California recently haned down a decision in a move-away case, to wit: LaMusga, the other seminal case in this area ( Burgess ) is also good law.

The "Best Interest" decision will be made by the judge based upon the presentation of the parties. There is no "magic bullet"

Therefore, I STRONGLY ADVISE that if you are truly contemplating a move-away, you retain the services of a competent family law attorney. This is not an area in which you should be trying to practice law yourself - the results can be too costly.

Regards, Damian Nolan