Child Custody Move Away Cases in California

The court in Brown v. Yana ruled that a father who does not have custody of a minor child can have an evidentiary hearing to determine whether a mother with sole legal custody and sole physical custody may move away.

FACTUAL BACKGROUND LEADING TO THE CHILD CUSTODY ISSUE
The parents had been divorced for several years and had one minor child together. The mother had sole physical custody and sole legal custody of the minor child for several years. The father motioned the court to modify custody from sole legal custody to joint custody and for more visitation. Thereafter, the mother informed the father that she would be moving to Las Vegas with the minor child. The father then motioned the court for a full evidentiary hearing in respect to custody and a custody evaluation.

CHILD CUSTODY PROCEEDINGS
In court, the father stated that a move away was detrimental to the minor child, because the schools in Nevada were more dangerous than California’s schools and the minor child had expressed concerns about moving. The trial court denied the father an evidentiary hearing which, in effect, allowed the mother to move away. The father filed an appeal.

APPEAL OF THE CHILD CUSTODY ORDER
The Second Appellate District Court held that the father was entitled to a full evidentiary hearing in regards to the move away. It was the court’s duty to look into the assertions that Nevada was not a good place to raise children and the minor child’s expressed concerns about moving. The appellate court stated that its holding only allows an evidentiary hearing, it does not hold that the move away should be denied.

If you need legal advice and are looking for a family law lawyer in Orange County to address a move away custody issue or any other divorce matter such as legal separation, annulment, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information may be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship.
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