Legal Question in Family Law in California

Nothing can be held against the party that moves. The Supreme Court states that the move can be for any valid reason. That is very broad. Moving because of your job is no doubt a valid reason. The question of who the children would live with and whether they would move with the parent leaving the state is then determined by the "best interests" of the children. Again, a very broad statement. You need an attorney who is very familiar with move-aways because it is a tough call for the judge.

I mostly agree with Mr. McCrary. There is no presumption against the parent who wants to move for a legitimate reason. Then, as he says, deciding a custody and visitation schedule is a process of deciding what arrangements will be in the best interests of the children by looking at all the facts and circumstances of the family and the planned move. That said, consistency and continuity in the children’s lives is one of the factors to be considered and generally favors the parent who is not moving. But not always. For example, if one parent is a workaholic and the other the primary caregiver and the primary caregiver is the one moving, continuity might favor the moving parent.