Move-away cases arise when a custodial parent wishes to relocate with a child, potentially impacting the other parent’s custodial or visitation rights. These cases are governed primarily by California Family Code § 7501, which gives a parent with sole physical custody the presumptive right to move, subject to the court’s authority to prevent relocation if it harms the child’s best interests.

For parents with joint physical custody, there is no presumptive right to relocate. Instead, the court conducts a best interest analysis from the outset, without favoring either parent.

La Musga Factors: The Legal Standard for Move-Away Cases

The California Supreme Court’s decision in In re Marriage of La Musga clarified the legal framework. When ruling on a move-away request, courts must consider the best interests of the child, using the following non-exhaustive factors:

  1. The reason for the proposed move
  2. The child’s interest in stability and continuity in the custodial arrangement
  3. The distance of the move
  4. The child’s age
  5. The child’s relationship with both parents
  6. The current custody and visitation schedule
  7. The parents’ ability to communicate and cooperate
  8. The extent to which the move would interfere with the child’s contact with the non-moving parent
  9. The impact on the child’s educational, emotional, and social development
  10. The non-custodial parent’s motivation in opposing the move

Move-Away Case Studies

Move-Away Granted:

1. Career Advancement with Cooperative Parenting

A mother with primary physical custody received a job promotion in another state that would significantly increase her income. She demonstrated that she had a well-thought-out plan for the child’s education and continued visitation with the father.
Court Rationale: The move was not motivated by malice; both parents communicated well, and the child’s stability was preserved. (La Musga factors: 1, 2, 5, 7)

2. Move for Family Support and Better Housing

A custodial father sought to relocate to live near an extended family who could provide childcare and emotional support, and he had secured more affordable housing and better schools.
Court Rationale: The move improved the child’s support system and living conditions. The father accommodated visitation through virtual means and long visits. (La Musga factors: 1, 3, 6, 9)

3. Relocation for Specialized Education

A child with special learning needs required services only available in another city. The custodial parent sought relocation solely to address the child’s educational requirements.
Court Rationale: The court found the move aligned with the child’s developmental needs and was in their best interest. (La Musga factors: 1, 4, 9)

Move-Away Denied:

1. Short Notice and Lack of Planning

A mother with joint custody announced a planned cross-state move just weeks before school started. She provided no plan for maintaining the father’s involvement.
Court Rationale: The court found the sudden change destabilizing and harmful to the child’s established routine. (La Musga factors: 2, 3, 6)

2. Intent to Alienate Other Parent

A parent’s relocation appeared to be motivated primarily by a desire to limit the other parent’s involvement. Communication had historically been poor, and no efforts were made to create a new visitation plan.
Court Rationale: The court denied the move due to the parent’s unwillingness to support the child’s relationship with the non-moving parent. (La Musga factors: 1, 5, 7, 8, 10)

3. Harm to School and Social Stability

The custodial parent wished to move the child away from their school and community to a remote area with fewer educational opportunities.
Court Rationale: The court found the potential harm to the child’s development and routine outweighed the benefits. (La Musga factors: 2, 4, 9)

How Scott Mitchell Law Can Help

At Scott Mitchell Law, we understand how emotionally and legally challenging move-away cases can be. With offices in Modesto, California, we provide experienced, compassionate legal counsel to protect your parental rights and your child’s best interests.

We assist clients with:

  • Evaluating Move-Away Risks and Opportunities
    We apply the La Musga factors to your situation and assess the strengths and challenges of your case.
  • Preparing Relocation or Opposition Motions
    Whether seeking to relocate or to stop a move, we prepare persuasive legal filings with supporting evidence (e.g., educational plans, visitation proposals, parenting history).
  • Court Representation
    We advocate effectively in hearings, presenting your case within the framework of California Family Code § 7501 and the best interest standard.
  • Post-Move Modifications
    If a move has occurred or been denied, we help you adjust custody and visitation orders as needed.

Conclusion

Move-away cases demand a nuanced understanding of both California Family Code and the complex La Musga legal standard. Whether you are the parent seeking relocation or opposing it, Scott Mitchell Law is here to ensure that your rights—and your child’s well-being—are fully protected throughout the process.