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Move Away Orders: What is a move away order?

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A move away case arises when one parent wants to relocate anywhere from outside of the county where the child currently resides, to out of the state, or out of the country. And these cases are some of the most difficult family law cases that ever come into our office, because sometimes there’s really no best scenario. One parent is going to be far away from the other. And so, a move away case is when you either come to an agreement about a new custody schedule or put the matter in front of a judge to determine whether the child will remain with one parent as the primary custodian, or if the child will move away with the other parent as the primary caretaker of the child, and what the visitation schedule will subsequently look like once that parent has relocated.

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Los Angeles, CA family law attorney Lauren O. Youngman talks how a move away order works. She explains that a move away case arises when a parent expresses the desire to relocate, whether it’s to a different county, another state, or even another country, with the child involved. These cases often present significant challenges in family law, as there is no ideal outcome where both parents can be in close proximity. Resolving a move away case involves either reaching an agreement on a new custody schedule or presenting the matter to a judge for a decision. The judge will consider various factors to determine whether the child should remain with one parent as the primary custodian or move away with the relocating parent, and subsequently establish a visitation schedule for the non-custodial parent. These cases require careful consideration to ensure the best interests of the child are prioritized.

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