Move away in this context means that the current parenting schedule (if you have one), is no longer practical for the parties based on the distance between the respective homes. With this definition in mind, some of the considerations are as follows:
A. The Court must consider whether the planned move is consistent with the child's best interest or whether the child would be otherwise prejudiced.
B. There is not a requirement that the moving party must show that the move is necessary. Rather, the move must not be for a bad faith reason to thwart the other parent's visitation time.
C. The Court typically preserves the existing schedule absent the showing of a substantial change in circumstances by the non-custodial parent.
D. The Court will also consider the distance of the move, the child's age, child's relationship with both children, child's age, ability of the parents to communicate, and their desire to put the child's interest first. The Court should also consider the extent of shared custody of the child and the child's wishes (if the child is of sufficient age and maturity to vocalize their wishes).
Are you looking to move or have you just been notified that the other parent is moving? Covina attorney, Paul Eads can assist you in your move or strategizing how to block the move if you are the parent staying behind.