Move-Away Cases

We are becoming a mobile society. Moving to another city, state, or country is not an unusual occurrence, and divorced parents often find themselves faced with an opportunity or need to move away from where the non-custodial parent lives.

California Case Law Affects a Judge’s Decision

These cases have come before the California courts frequently over the past 60 years with various outcomes. Some have gone to the California Supreme Court. If you are a parent faced with the possibility that your ex-spouse will be moving your children far from your home, or if you are a custodial parent facing a move because of a job or remarriage, you will need to make a case to a judge if the other parent raises objections to the move.

There are things both parents can do to promote their position in these cases, but because there have been so many prior court rulings, it is really essential that you seek representation by a San Jose family law attorney who is thoroughly familiar with established legal precedents.

What Must a Judge Consider?

These are a few of the things a judge will usually take into consideration when deciding if the primary custodial parent will be allowed to move the children away:

  • What is the primary custodial parent’s motive for moving? If it is shown to be a “bad faith move” to interfere with the other parent’s access to the children, the court may prevent it.
  • Does the parent desiring to move have physical custody of the children 60 percent of the time or more? If so, there is a greater chance that the move will be allowed.
  • How involved are the respective parents in the children’s schooling, medical care, and other activities?
  • Does the parent who wants to move have a job or means of support in the area where he or she plans to live?
  • Does the parent wanting to move have extended family in the area where he or she plans to move?
  • What is in the best interest of the children? How will they be affected psychologically and socially?

Why You Need an Experienced Family Law Attorney

These are difficult decisions for a judge to make. Having a well-prepared case and a skilled San Jose family lawyer who can do meticulous legal research and prepare a persuasive legal brief based on precedent in California law, and who can demonstrate that your position is the best choice for the children will increase the likelihood that you will prevail.

Aeschleman Law has extensive experience in applying California case law in situations where a parent wants to move and take the children. If you are facing this difficult situation, call (408) 724-8930 today for a consultation with Nicole Aeschleman or send her an email at

Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties.  Call us today for an initial consultation at (408) 724-8930.  You may also contact us by filling out the form on the bottom of this site.