When parents divorce, one of the most wrenching potential consequences of ending their marital relationship is how their time and relationships with their children may change. While some change is inevitable, in California, public policy is to try to create conditions in which children can enjoy strong relationships with both parents even when the parents no longer cohabitate.
Family Code § 3020 states that ensuring “children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage” is of high priority in determining their best interests in matters of legal or physical custody and visitation, unless it jeopardizes the children’s health, safety, and welfare. In practice, this means that often some form of joint custody is awarded, rather than one parent being granted sole custody.
A joint custody arrangement, however, can be impossible to maintain if one parent chooses to move far away from the other. Whether a parent is moving to pursue a job or educational opportunity, reduce their cost of living, or gain family support, the court’s decision on who the child lives with is guided by what is in the child’s best interest. In addition, if the moving parent is seeking to modify a custody order to move away post-judgment, the moving parent must also prove a significant change in circumstances. Knowing the factors the court considers can help parents understand what to expect when modifying joint custody due to relocation.
- How the LaMusga Factors Impact Joint Custody Decisions
- Sharing Custody Long Distance When Parents Don’t Get Along
Relocation should not mean losing your relationship with your children
How the LaMusga Factors Impact Joint Custody Decisions
How does a court determine the best custody arrangement for a child when one parent is moving hours away, perhaps to another state or even another country? In California, move-away cases are analyzed using the LaMusga factors, a set of considerations meant to provide a framework for courts to examine each case. The factors include the stability and continuity of the custodial arrangement, the distance of and reasoning for the move, the age of the children, the children’s relationship with each parent, and the parents’ relationship with one another.
If the children are mature enough to form a reasonable opinion, their preferences may also be considered. However, the overall guiding principle would be in the child’s best interests. The overall picture revealed by examining these factors together informs a court’s decision, and that picture is highly individual to each case.
In general, the court does not like to change existing custody orders if the change would be detrimental to the child. If change is unavoidable, they will work to find the most advantageous alternative. For example, in the court’s eyes, a young child may benefit from staying with the parent who can provide the most consistent and structured parenting environment, even if that means moving out of the area. On the other hand, an older child may be more adversely affected by moving away from the social environment they’ve grown up in and the educational disruption of a move.
Sharing Custody After Relocation When Parents Don’t Get Along
The quality of the parents’ relationship, including their ability to communicate and cooperate, is a crucial consideration under the LaMusga factors. However, it does not mean that parents must always be able to see eye-to-eye to share custody after a relocation. The primary consideration is always what is in the best interest of the child.
If past disagreements have risen to the level where one parent violated the previous custody order or has shown a pattern of behavior that casts doubt on their willingness to adhere to the terms of future long-distance parenting plans, the court may consider that conduct, but only in light of what would be best for the child.
If the parents have a difficult relationship, the parenting plan may need to include appropriate arrangements for exchanges to minimize conflict. This can mean meeting at a neutral location agreed upon by the parties or selected by a judge, with minimal contact between the parents. It may also be helpful to have a neutral third party present to keep handovers civil. Communication may also need to be handled through a parenting app or through mail to reduce unnecessary direct contact and resulting friction. If this is a concern, a knowledgeable family law attorney can provide advice on what should be included in the parenting plan to keep the focus on promoting the child’s welfare.
Your Resource for Move-Away Cases in Silicon Valley
Relocation should not mean losing your relationship with your children. At Hoover Krepelka, our expert attorneys will advocate for custody arrangements that preserve your ability to be involved in your child’s life and look after their well-being even when distance is an issue. Our experience in domestic and international move-away cases helps to devise effective solutions that keep your child’s best interests first. To schedule a consultation, fill out the form below.
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