What happens when the custodial parent decides to move to another state? Can visitation rights be easily maintained? Will the disruption in visitation with the non-custodial parent be detrimental to the child?
In most cases, the custodial parent must get the approval of the non-custodial parent and/or the court before the move can take place. He or she must have a significant reason for the move, such as a better job or new spouse. The court must determine the benefits of the potential move to the child, especially if the child has a close relationship with the non-custodial parent.
The move may make it difficult to continue regular visitation. However, if the move is allowed, the court will restructure visitation to maintain the relationship between the child and his or her parent. The court may even reduce child support or impose travel expenses on the custodial parent.
If you are the custodial parent and want to move out of the state or you are the non-custodial parent and do not want your child to move away, contact an experienced Orange County Family Law attorney who will discuss your legal options with you and what is best for you and your child.