Sole Custody vs. Joint Custody
One of the common factors the courts consider when deciding a relocation case is whether the moving parent has sole custody or shares custody with the noncustodial parent.
If the moving parent has sole custody, he/she has the right to relocate with the child. The noncustodial parent needs to prove that the move will have a negative impact on the child. If the case goes to court, the court will revisit the custody order and figure out if the move is in the best interests of the child.
If the parents have joint custody, showing a change in circumstances is not required for the court to change the custody order. Rather, the parents come to court on even grounds and the court will hold an evidentiary hearing to make a new custody decision based on the best interests of the child.
How a Westlake Village Divorce Lawyer Can Help
In conclusion, move-away cases are quite complex and hotly contested. Having experienced legal representation is highly recommended. With more than 30 years of experience, I, Jeffrey S. Graff, can evaluate your case and determine all of your legal options to obtain the most favorable outcome possible.