The economic hardships that have hit our nation recently have been felt by California residents more so than other states. The unemployment rate currently sits at 10.9 percent and state taxes and job loss are forcing residents to move elsewhere. Divorced parents may find it difficult in custody relocation matters and the courts may challenge the reason for the move.
California Custody and Child Relocation Laws
California State law requires the custodial parent to file a “move-away petition” if they wish to reside elsewhere. Before granting a custody relocation petition, the court will take the following factors into consideration:
- The age of the child and their current relationship with the parents
- The reason for the move and how it will benefit the child
- The impact of the move on the non-custodial parent’s access to the children
- How the move affects the emotional stability of the child and if they will be negatively impacted by having to make new friends and attend a new school
In 2004, the California Supreme Court imposed a limit regarding the ability of custodial parents to move away with their children. In the case of Marriage of LaMusaga, the court rules that non-custodial parents could request a change in custody if the custodial parent’s move posed a detriment to the children.
Federal Laws and Jurisdictional Issues
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a federal law that revised the original Uniform Child Custody Jurisdiction Act (UCCJA). The purpose of the legislation was to determine which state had jurisdiction over child custody matters. Laws were put into place to prevent one parent from taking the kids to another state and obtaining a new child custody order after one already existed in their prior home state. The original UCCJA did not address what is considered to be the “home state” of the child. When the federal Parental Kidnapping Prevention Act (PKPA) was passed, it only prioritized the home state using certain criteria. The UCCJEA sets the standard for when a court can make a custody determination and when they must defer to a prior custody order. The home state is defined as where the child has lived for the past six months or has a significant connection with the child if less than six months.
The State of California cannot modify a custody order that is already in place that was issued by another state. The PKPA requires that each state give full faith and credit to the custody decisions of other states. The UCCJEA goes even further giving exclusive continuing jurisdiction to the state with the original custody decree.
Why You Need a California Family Law Attorney
Parents who need to relocate with their children may have a viable reason for doing so, but often face an uphill legal battle. A family law attorney may be able to help you build a persuasive argument, which can be presented to the family court. If you are a non-custodial parent who wants keep your children from relocating, consulting with an experienced lawyer that deals with these matters daily may provide some solutions pertaining to your specific case.
