Can a Parent Move Away With a Child After a Custody Order in California?
A parent may be able to move with a child after a custody order in California, but the answer depends on the existing custody arrangement, the distance of the move, and whether the move interferes with the other parent's custody or parenting time.
If a planned move would significantly interfere with the existing custody and visitation order, the parent may need to obtain a new court order before relocating with the child. This is commonly called a move-away or relocation case.
Does the Existing Custody Order Matter?
Yes. The court will consider whether a parent has sole or joint physical custody and whether the existing custody order is a permanent order.
In general, when a parent has a permanent sole physical custody order, California courts are more likely to allow the parent to move with the child unless the other parent can show that the move would harm the child. With joint physical custody, the parent seeking to relocate generally must show that the move is in the child's best interests.
These are general rules, and the specific facts of each case can affect the outcome.
What Factors Does the Court Consider?
The court's decision focuses on the child's best interests. Factors can include:
- The distance of the proposed move
- The child's relationship with each parent
- The existing custody and parenting-time arrangement
- How the move would affect regular parenting time
- The child's age and needs
- The parents' ability to cooperate and follow custody orders
- The practical costs and logistics of maintaining contact between the child and both parents
A longer-distance move can make regular parenting time more difficult and expensive, which may be important to the court.
Does a Parent Have to Give Notice Before Moving?
Parents should review their existing judgment or custody order because it may contain specific requirements for relocating. For example, an order may require written notice before a planned move or establish a distance beyond which additional agreement or court involvement is required.
If the parents cannot agree on the relocation or an updated parenting plan, either parent can ask the court to decide whether the child should move.
What If the Other Parent Objects to the Move?
If the parents disagree, the court may hold a hearing and determine whether the proposed relocation is in the child's best interests. California Courts recommends addressing a relocation request well before the planned move because these matters can take time to resolve.
Talk With a California Child Custody Attorney
Move-away cases can involve significant changes to custody and parenting time. Dosh Law represents parents in child custody and relocation matters in Placerville and El Dorado County.
If you are considering moving with your child or want to understand your rights when the other parent plans to relocate, contact Dosh Law to discuss your situation and available legal options.