The factors that guide a court’s decision on whether to permit a child to move away with a relocating parent (or alternatively, to remain with the parent who is not moving) can help illuminate the principles that should underlie an effective long-distance parenting plan. In turn, these can inform best practices for long-distance co-parenting that keep the best interest of the children at the center of the parents’ shared decision-making.
- Understanding the LaMusga Factors
- California Law and Long-Distance Parenting
- Creating Effective Long-Distance Parenting Plans
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Understanding the LaMusga Factors
As with any child custody decision, a move-away case is evaluated primarily on what is in the child’s best interests. The LaMusga Factors are the list of factors a court must consider in determining if a parent’s wish to move away with their child would harm the child. How the factors are applied is highly individual to the facts of each case, but certain circumstances can be more influential on a court’s decision.
One of the first things to consider is the extent to which the parents currently share custody. If one parent has already been awarded sole physical custody, in re Marriage of Burgess (1996) establishes that they have the right to change the child’s residence without having to prove that it is necessary but reserves the court’s power to prevent a move that would be detrimental to the child.
Another critical factor is the child’s interest in stability and continuity in the custodial arrangement. A move out of the area may also mean removing the child from their school, friends and community, and extended family. If one parent is undoubtedly moving and it is no longer possible to share custody 50-50, the court may determine that allowing the children to primarily reside in familiar surroundings rather than uprooting them is more beneficial.
However, the reason for the move, the parents’ ability to communicate and cooperate effectively, and their willingness to put their children’s interests first can strongly influence a court’s decision. If a parent is perceived as attempting to move their children away from an ex-spouse out of spite or to deliberately withhold contact, they are unlikely to be granted custody to do so. If a move-away case is under dispute, both parents are strongly advised to seek legal representation to make an effective argument that their desired outcome is truly what is in the child’s best interests.
California Law and Long-Distance Parenting
In California, if a co-parent wants to relocate with the children, they may not do so independently. They must first provide written notice of their intent to move to their co-parent (generally at least 45 days ahead of time, unless the existing custody order states differently) and then either get court approval for the move or their co-parent’s consent. While no specific distance is set out by law to trigger this requirement, if the proposed move would interfere with the current orders for parenting time, then it will be necessary to have the new plan formalized in court, whether via judge’s decision or through an agreement between the co-parents.
A reasonable long-distance visitation schedule can look quite different from family to family, depending on the relative locations of the parents and the age of the children. For example, school-aged children may be limited in the dates they can travel by the academic year, making it common for the noncustodial parent to have a greater share of time over summer vacation and other school breaks. If international travel is involved, the length and expense of travel may introduce further limitations. Who is expected to bear the cost of travel and the details of travel arrangements (i.e., will the children need to be accompanied for air travel, should flights always be routed to the nearest available airport) should also be included, as should expectations surrounding major holidays.
Considering and recording these details in the parenting plan—even those that are not strictly required by law—can help reduce potential friction over differing expectations and maintain accountability if either parent deviates from what was agreed upon. Keep in mind that plans may need to be revisited and changed as children grow older. A family law attorney experienced in move-away cases is often an invaluable resource in anticipating matters that should be included.
Creating Effective Long-Distance Parenting Plans
To facilitate the child maintaining healthy relationships with both parents, a long-distance parenting plan should be about much more than simply where the child is at what time and how they get there. While the specific issues that may be addressed can vary, certain general aspects should be covered.
If legal custody is shared, the plan should address decision-making processes. Communication should also be highly detailed, considering how and on what schedule the noncustodial parent will be able to communicate with the child (regular phone calls or FaceTime/Zoom calls, for example) and how co-parents will communicate and share information with one another. The intention here should not be to limit the amount of communication, but to provide a structured, predictable baseline for the child that promotes comfort and emotional stability.
Finally, the plan should provide guidelines on what to do when things don’t go as expected, particularly when an emergency may impact parenting time. Defining what situations are acceptable reasons to change a scheduled visit and who will be responsible for related travel costs sets up firm, mutually understood boundaries that can help prevent avoidable conflict later.
Your Expert Family Law Team for Relocation in Silicon Valley
Relocation complicates the already complex issues that surround co-parenting and protecting your child’s well-being. The acclaimed attorneys at Hoover Krepelka are focused exclusively on family law matters and have the experience you need to safeguard your rights and your child’s best interests. To schedule your consultation, fill out the form below today.
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