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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.