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Oftentimes we are faced with situations where one party intends to move out of state and we have children involved, and how is that handled by the court? It’s a very, very challenging and difficult issue. The court has to look to what’s in the best interest of the children, why the person is moving, and fashion an order that will allow the children to thrive under a situation where it’s not optimal. We try to look at what is gonna psychologically benefit a child, how the move may impact the child, where their ties are? Usually they will be here because the family has lived here for a long time. It’s one of the most difficult things for a judge and lawyers to deal with, as well as the parties. There’s no easy answer to it and it’s a fact-specific situation.
Los Angeles, CA family law attorney Robert W. Eisfelder talks about how relocating to another state effects your custody rights. He explains that addressing situations where one party intends to relocate out of state with children involved poses significant challenges, particularly when determining how the court should handle such cases. The court’s primary consideration is the best interest of the children, taking into account factors such as the reasons for the proposed move and how it may impact the children’s well-being. It becomes crucial to assess the psychological benefits and potential effects on the children, considering their existing ties, which are typically rooted in the current location where the family has resided for an extended period.
Dealing with these circumstances is exceptionally demanding for judges, lawyers, and the parties involved. There is no simple or straightforward solution, as each case requires a thorough examination of its unique circumstances. The goal is to reach an order that promotes the children’s thriving and well-being within an imperfect situation.