El Cajon, CA asked in Family Law, Appeals / Appellate Law and Child Custody for California

Q: Is a half sibling by mother onsidered when a move away request is filed?

The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.

In the scenario you described, the court may indeed consider the relationship between the two boys and their half-sibling. The importance of maintaining sibling relationships is generally recognized in family law, and the potential emotional and developmental impact of separating siblings can be a relevant factor in the court's decision.

However, each case is unique, and the court's decision will depend on a variety of factors, including the reasons for the move, the distance involved, the quality of the children's relationship with each parent, and the feasibility of maintaining strong familial relationships after the move.

It's advisable to consult with an attorney who can provide specific guidance based on the details of your situation. An attorney can help present your case effectively, emphasizing factors like sibling relationships and the best interests of the children.

Remember, the goal in these situations is to ensure that the children's welfare and emotional well-being are prioritized. Legal counsel can help navigate this complex and sensitive process.

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