Child Move Away Appeal

To understand how a San Diego or greater California child move away appeal arises, it is important to understand how the court approaches a move away issue.  California's statutory scheme governing child custody and visitation determinations is set forth in the Family Code.  Under this California scheme, the overarching concern is the best interest of the child. For purposes of an initial custody determination, the court is afforded the widest discretion to choose a parenting plan that is in the best interest of the child.  While the court may consider all relevant factors it is bound to consider the child's health, safety, and welfare, any history of abuse by one parent against any child or the other parent, and the nature and amount of the child's contact with the parents.

Once the trial court has entered a final or permanent custody order reflecting that a particular custodial arrangement is in the best interest of the child, “the paramount need for continuity and stability in custody arrangements—and the harm that may result from disruption of established patterns of care and emotional  bonds with the primary caretaker—weigh heavily in favor of maintaining” that custody arrangement.  The California courts have employed the changed circumstances rule in recognition of that interest.  Under the changed circumstance rule, custody modification is appropriate only if the parent seeking modification demonstrates a significant change of circumstances indicating that a different custody arrangement would be in the child's best interest.