Legal issues involving child custody and visitation are often emotional, contentious, and complicated. Determining child custody is challenging for most divorcing couples, but if one parent wants to relocate after the original custody order, the process may need to be revisited or restarted. While a family law judge can’t prevent a parent with custody from moving, the existing arrangement usually dictates how far they can move without additional court involvement. Seeking to relocate further requires modifying custody and visitation orders to reflect the new circumstances.
Depending on the existing custody agreement, a parent must follow specific steps before relocating a child without violating the custody order. The non-moving parent can object and fight for primary custody if they believe the move would harm the child’s well-being. Whether you are the moving or non-moving parent, move-away cases can be complex. The best way to protect your rights and interests is to secure legal representation.
Is Permission Required for a Parent to Relocate with a Child?
Most child custody orders include geographic restrictions for parental location. These often require both parents to consent before moving the child beyond this range. Each custody agreement is unique. Typically, an order might state that the custodial parent moving fifty or more miles from the child’s current county disrupts the custody order and requires court approval for relocation. Relocation requirements differ based on whether the moving parent has sole or shared custody.sts.
If a parent with sole or primary custody wants to move within the specified range, they usually don’t need court or parental permission but must file a written notice and send it at least 45 days before moving. This allows time to create a new visitation plan and lets the non-moving parent file an objection if needed.
To move outside this range, both parents must update the custody agreement and get a judge’s approval. If they can’t agree, or if the non-moving parent contests the move, the case goes to court where a judge decides based on the child’s best interests.
For joint custody, neither parent can move the child without the other’s or the court’s approval. The moving parent must get permission from the other parent or a judge if contested, involving filing a formal “move-away” order and attending a hearing for a final decision.
Can a Father Prevent the Mother from Relocating?
While neither a judge nor a former spouse can prevent an individual from relocating, they can restrict a custodial parent from moving with their child if it is deemed detrimental to the child’s well-being.
In such cases, the non-custodial parent bears the burden of proof, requiring them to present clear and compelling evidence that maintaining the child’s current residence is in their best interest. Judges typically alter custody arrangements only when a significant change in circumstances necessitates it for the child’s welfare. Before deciding on a custody change, the judge will consider the following factors:
- The child’s age
- The child’s physical, emotional, and educational needs, and whether these needs would be met at the new location
- The total distance of the move
- The parent’s reason for relocating
- The child’s need for a stable home environment and the likelihood of finding it at the new location
- The amount of time the child spends with each parent under the current arrangement
- The duration of the current arrangement
- The child’s relationship with each parent
- The child’s ties to their current community
- The parent’s relationship and their communication effectiveness
- Each parent’s willingness to prioritize the child’s best interests
- The moving parent’s willingness to encourage frequent, ongoing contact between the child and the other parent
- The non-moving parent’s availability and resources for visitation travel
- Any potential harm to the child resulting from a custody change
- Any potential harm to the child’s relationship with the non-moving parent resulting from the custody change
- The child’s preference, if they are capable of forming a mature, intelligent opinion on the matter
A move-away case can lead to various outcomes, often requiring changes to an existing child custody order. If the judge believes the move would harm the child and the custodial parent still relocates, a new custody order is needed.
A move-away order doesn’t modify an existing custody order but requires creating a new one. Since this restarts custody negotiations, the judge can redistribute parental rights as they see fit. The new order may closely resemble the old one or include major changes, such as granting primary custody to the non-moving parent. Remember, fathers have rights too. Contact Sullivan Law & Associates today to learn more about how we can help.
What Rights Do Parents Have to Relocate with a Child in California?
In move-away cases, judges do not determine whether parents can relocate, as adults have a constitutional right to travel and move freely. Instead, their role is to decide if parents may change their children’s residence and if the relocation necessitates modifications to existing custody and visitation arrangements. As with all decisions related to custody, the primary focus in a move-away case is the best interests of the children.
The Impact of Physical Custody on Parents’ Relocation Rights
California law affirms that custodial parents (those with sole physical custody) have the right to change their children’s residence. However, this right is subject to the court’s authority to block any relocation that may adversely impact a child’s rights or well-being (Cal. Fam. Code § 7501(a) (2023)). This presumed right to move with children does not apply to parents who share joint physical custody.
Must Parents Inform the Other Parent Before Relocating?
In some states, parents with custody rights must notify the other parent before planning a move. However, this is not always the case in California. Judges may include in custody orders a requirement for a parent planning to relocate the child (for more than 30 days) to provide advance notice to the other parent by mail (with return receipt requested). If the other parent has an attorney, the lawyer should also receive a copy of the notice.
Whenever possible, the relocating parent should give this notice at least 45 days before the proposed move, allowing time for both parents to mediate a new custody agreement (more details below). (Cal. Fam. Code § 3024 (2023)).
Reaching Agreements on Child Relocation
Whether you’re planning to move with your children or are concerned about how your co-parent’s relocation will impact your relationship with them, you have the option to negotiate changes to your current custody or visitation arrangements. Reaching an agreement can help you avoid costly and time-consuming court battles, and it reduces stress for everyone involved, especially the children.
If you haven’t been able to come to an agreement on your own, consider seeking assistance from a qualified mediator. In fact, California law mandates mediation for any legal disputes over custody or visitation, including those arising from a parent’s planned move (Cal. Fam. Code § 3170 (2023)).
Once you have agreed on a new parenting plan, you will need to submit it to the court for it to become an official custody modification. Judges typically approve these agreements as long as they are in the best interests of the children.
Contact Our Skilled & Experienced California Family Law Attorneys Now
All parents desire the best for their children, but opinions on what this entails can vary. A parent considering relocation might be pursuing a better job, a stronger support system, or a lower cost of living, viewing the move as a positive opportunity for their child. Conversely, the other parent might feel uneasy about uprooting the child from their community and worry that the move could hinder their time together.
Whether you are a parent contemplating a move or concerned about your ex relocating with your child, honest communication with your co-parent is often the best first step toward resolution. Though a move can initially seem daunting, collaboration offers the best chance for mutual understanding and a favorable outcome for your child(ren). Our experienced family law attorneys have decades of experience representing clients in move-away cases and can assist you whether you’re beginning negotiations with your ex or preparing for courtroom proceedings. Contact Sullivan Law & Associates now to find a solution that works for your family.
