Relocation with the child to the east coast.

Asked over 1 year ago - Los Angeles, CA

I am trying to relocate with the child cause of job opportunities. Since we were ordered a custody evaluation by the judge, I had to turn down a couple of job offers. Once the custody evaluation in done, we ll have a hearing again. Do I have to secure another job offer for the hearing or I can just say I will be moving to another state once the job is secured or will I be able to move right away, if the move is granted.

Attorney answers (4)

  1. Paul E. Schonauer

    Contributor Level 7


    Best Answer
    chosen by asker

    Answered . The rules that guide the courts in these situations can be tricky, even for the courts. It is important to understand the rules the court will follow in making a determination.

    First, the court does not grant or deny a move-away. Usually, such a petition is really a request to modify the existing custody order because one parent plans to move away, and likely wishes to take the child along. The question for the court—absent bad faith on your part— is not whether you are permitted to move, but what arrangement for custody should be made when you move. The court must presume that you will move, and has no power to restrain you absent criminal conduct.

    If both parents currently have joint custody the court will have to determine what custody and visitation arrangements are in best interest of the child when one parent is on the West coast and the other on the East. If you have sole physical and legal custody, which does not appear to be the case, then the noncustodial spouse will need to first show that the proposed move is detrimental to the child, before asking what is in the child’s best interest.

    The court will look at many factors in making its determination of what is in the child's best interest. Having a job offer on the table will not hurt, and may very well help.

    I am licensed in California only. My answer here is based upon California Law. My answer here is not based upon... more
  2. Tobie Brina Waxman

    Contributor Level 18


    Lawyer agrees


    Answered . You are not required to secure another job, but it will certainly strengthen your arguments in favor of the move. Understand, however, that the judge's decision will rest on what is in the best interest of the child including the goal of frequent and continuing contact with both parents.

  3. David Lavi

    Contributor Level 9


    Lawyer agrees


    Answered . I highly recommend securing the job opportunity; however, that is no assurance that the Court will grant your request for a move-away. It is unspecified why a custody evaluator was appointed; should it have been as a result of your motion for a move-away, be sure that Judge is informed of all matters that will affect the child (i.e., family ties, friends, father's visitation, his new community, etc.). I highly recommend that you consult with a family law attorney to assist you during this process.

    Should this response be helpful, please mark "I Agree" to support our firm.

    David Lavi, Attorney
    Beverly Hills Los Angeles Long Beach Van Nuys

  4. Alan James Brinkmeier

    Contributor Level 20


    Lawyers agree


    Answered . secure another job offer for the hearing

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Relocation and child custody

If a parent with custody wishes to relocate with his or her child, courts will use the "best interests of the child" when deciding whether to allow relocation.

Donald G. Criscuolo

Relocation After Divorce

Perhaps no other area of family law is more emotionally charged and difficult to deal with than the issue of relocation with the children after a divorce. When negotiating timesharing, a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

17,376 answers this week

2,356 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

17,376 answers this week

2,356 attorneys answering