What are the factors that the court should consider when making a custody decision in a custody matter involving a planned move away?

California, United States of America


The following excerpt is from Sweeney v. Tschiporikov, C082949 (Cal. App. 2019):

"[I]n an initial custody decision, [involving a planned move away,] although the trial court must 'take into account' a planned move and any resulting prejudice to the child, those considerations do not preclude the court from also considering all the other circumstances bearing upon the child's best interest." (Ragghanti v. Reyes (2004) 123 Cal.App.4th 989, 998.) "Among the factors that the court ordinarily should consider . . . are the following: the children's interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the children; the children's relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests; the wishes of the children if they are mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody." (In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1101.)

Other Questions


What are the factors that the court should consider when making a custody decision? (California, United States of America)
What is the standard of review applicable to review of a trial court's order involving discovery matters or other matters? (California, United States of America)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
What factors will the court consider in awarding custody of a minor child to the mother? (California, United States of America)
On what basis must a court consider in determining the best interest of the minor child in a custody and visitation matter? (California, United States of America)
In a custody and visitation case involving marijuana use, does the court have the widest scope to choose a parenting plan that is in the best interest of the child? (California, United States of America)
In a motion to modify a death sentence, does the court need to read and consider a probation report prior to making its decision? (California, United States of America)
When a parent who has sole physical custody under an existing judicial custody order seeks to relocate, does the court have to determine that the custodial parent's relocation is necessary? (California, United States of America)
What factors will the court consider in its sentencing decision? (California, United States of America)
Does a reviewing court have to rely on the opinion of the trial court before making a decision? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.