Moving to a new city or state after a divorce or separation may seem like a fresh start—but when children are involved, it’s not as simple as packing up and leaving. In California, relocation can have major implications for child custody arrangements. Whether you’re the parent hoping to move or you’re concerned about your co-parent relocating, it’s important to understand your rights and responsibilities.
Relocation Laws Depend on Custody Type
The first thing courts consider is what type of custody arrangement is currently in place.
Sole vs. Joint Custody
- Sole physical custody: If one parent has sole physical custody, they typically have more flexibility to relocate. However, the other parent still has the right to object if the move would impact visitation or the child’s well-being.
- Joint physical custody: When both parents share physical custody, the relocating parent must prove that the move is in the child’s best interest.
In either case, courts will assess whether the move would disrupt the child’s stability, education, emotional health, or relationship with the other parent.
When Is Court Permission Required?
In general, if the move would significantly affect the current custody or visitation arrangement, the relocating parent must seek court approval. This is true whether the move is across the state or out of state.
You’ll Likely Need Permission If:
- The move makes it harder for the other parent to maintain scheduled visitation
- The child will be moving a long distance from the other parent
- You share joint physical custody
- Your custody order includes a “move-away” clause or restriction
Failing to obtain court permission before relocating could be considered a violation of the custody order—and may negatively impact your custody rights in future proceedings.
What Courts Consider in Move-Away Cases
California family courts are guided by one standard in relocation cases: the best interests of the child. The judge will look at a range of factors before making a decision.
Key Considerations Include:
- The reason for the move (e.g., better job, family support)
- The distance of the move
- The child’s age, needs, and emotional ties to both parents
- The current custody arrangement and how well it’s working
- How the move would affect the child’s schooling and social life
- Each parent’s ability to facilitate continued contact between the child and the other parent
If the court believes the move would harm the child’s relationship with the other parent or significantly disrupt their routine, it may deny the request or modify custody in favor of the non-moving parent.
How to Legally Request a Relocation
If you’re the parent planning to move, the process usually starts by notifying the other parent in writing. From there, you may need to file a request with the court to modify your custody order.
General Steps:
- Notify your co-parent of the proposed move with as much advance notice as possible
- File a Request for Order to modify the custody and visitation terms
- Attend a court hearing, where both sides can present their arguments
- Await the judge’s decision, based on what serves the child’s best interests
You’ll need to provide evidence showing how the move supports your child’s overall development and well-being.
Protecting Your Parental Rights
Whether you’re trying to relocate with your child or prevent a move that could affect your relationship, it’s critical to have strong legal representation. Relocation cases are some of the most contested and emotionally charged in family law. At Law Office of Michael L. Fell, we help Southern California parents navigate move-away cases with care, skill, and a focus on the child’s long-term well-being. Contact us at 949-585-9055 to schedule a confidential consultation.