The Impact of Move-Away Cases in Orange County on Child Custody

When it comes to child custody determinations, Orange County courts always focus on the children’s best interests. In most cases, this includes spending a significant amount of time with each parent. When one parent proposes a move with the children, it can have a serious effect on the other’s visitation, and Orange County courts take a wide range of primary factors into consideration when making decisions of this magnitude. If you are planning a move with your children – or your ex is – it’s time to consult with an experienced Orange County child custody attorney.

Factors Considered

When it comes to a custodial parent’s intention to move a significant distance from the other parent, the Orange County court looks at a variety of relevant factors.

The Moving Parent’s Intention

The court will carefully assess the moving parent’s reason for planning a move. If the reason is based on something that could potentially benefit the children, such as the following, the court will be more inclined to consider the matter further:

• A new career opportunity that comes with better pay
• Educational advantages for the children
• Greater support, including help with the children from members of their extended family

If, on the other hand, the move is punitive or designed to prevent the other parent from having a relationship with the children, the move will most likely not be approved.

The Other Parent’s Relationship with the Children

A primary consideration in every move-away case is how the move will affect the relationship between the children and the parent who isn’t moving. The greater the distance involved and the more difficult it will be for the non-moving parent to see children post-move, the more challenging it will be for you to convince the court that the move is in your children’s best interests.

The Children’s Educational Opportunities

Another major concern is the impact the move will have on the children’s educational opportunities, which includes how their academic progress will be affected, their access to a quality school system, and their ability to participate in extracurricular activities.

The Availability of Support Networks

When children have members of their extended family in Orange County, it can have positive benefits in terms of their overall emotional well-being and development, and Orange County courts take this into consideration in relation to where they currently live and to the location of the proposed move.

Access to Specialized Care

The court is also interested in ensuring that the proposed move outside Orange County will not interfere with the children’s access to the full scope of care they need, including any specialized medical care, therapeutic care, or services related to developmental needs.

The Preferences of Your Children

When a child is deemed mature enough to weigh in on the decision-making process, the Orange County court will take their preference into consideration. While the court’s decision will not be controlled on the preferences of your children, their voices will be heard and can affect the final decision regarding your move.

Bolstering Your Case

If you are the parent who is proposing a move outside Orange County, there are certain points you can make to help convince the court that it is in the best interests of your children, and if you are the parent who is attempting to stop a move, your goal is refuting these points.

Supporting the Non-Moving Parent’s Relationship with the Children

As the parent who is requesting permission from the Orange County court to move with your children, you need to showcase your commitment to diligently supporting their close and ongoing relationship with the other parent. This includes demonstrating a practical plan that affords consistent visitation and open communication and that highlights your willingness to facilitate a healthy relationship that does not suffer as a result of the move.

Supporting Consistency and Stability

It’s your job to show the Orange County court that your proposed move will provide the children with the consistency and stability they need in their daily lives, including in relation to all the following:

• Safe and secure housing
• Support from loved ones
• An accommodating community network
• Access to important services
• Familiar surroundings

Effectively Addressing Potential Challenges and Concerns

You will also want to show the Orange County court that you have a plan in place that addresses your ex’s concerns regarding the potential and anticipated challenges associated with your proposed move outside Orange County. Your willingness to adapt and make concessions as necessary helps demonstrate your commitment to effective co-parenting and to your children’s best interests in relation to the other parent.

Presenting a Solid Co-Parenting Plan

Instead of embarking on a move outside Orange County and figuring out how co-parenting is going to work as you go, you’ll need to highlight the fact that you’ve put careful thought into developing a thorough co-parenting plan. To strike the right note, you’re going for a plan that focuses on collaborative efforts and shared parental responsibilities – in spite of the distance between your homes.

Make the Call to an Experienced Orange County Child Custody Attorney Today

If you are your children’s primary custodial parent and are considering a move outside Orange County with them – or your ex is considering making such a move with your shared children – it’s an important matter that you’ll need to address with the Orange County court. The focused child custody attorneys at Minyard Morris – proudly serving Orange County, California – will spare no effort in our focused pursuit of your case’s best possible resolution. Move-away cases are legally challenging, so please don’t put off reaching out and contacting or calling us at 949-724-1111 for more information about what we can do for you today.

If results matter, then the selection of a child custody lawyer matters as does the law firm’s reputation. The 20 divorce lawyers at Minyard Morris have a combined experience of almost 300 years. Minyard Morris was formed over 46 years ago and has exclusively served the residents of Orange County and their child custody needs during that period.