A move away order is a court order that allows a custodial parent to move out of county or out of state with a child or children subject to a custody order of the court. Generally, when there is a custody order and the parents have shared custody, the parents are ordered to remain in the same state and sometimes the same county where the order was made.
If one of the parents wants to move to another county or state and the parties cannot reach an agreement, the parent that would like to move away can petition the court for an order allowing them to do so. Like just about all child custody matters, the court will look to the best interests of the children. The court will also look to whether the move will interfere with the visitation rights of the other party.
Move-aways can be difficult for all involved, including the children. If you are a parent with custody of your child or children and are considering moving out of county or out of state, it is best to consult with a family law attorney that is familiar and experienced with the process of obtaining move away orders from the family court.
If your child has been taken out of the area or out of the country or you are considering moving away, contact Hoover ♦ Krepelka, LLP. We will listen carefully to your concerns, discuss legal options and outline a strategy to help meet your goals. Call our San Jose Child Custody Lawyers and Family Law Attorneys today at (408) 389-7099.