Legal Considerations for Co-Parenting Before Relocating Out of California

Life and career changes can require one parent to move farther away after a divorce. Short or temporary moves may not require modifying the existing child custody or child support order, but a long-distance move could make the current parenting plan untenable. By understanding the basics of California’s child custody laws, you can prevent unneeded litigation.

Understanding California’s Custody Laws Before Moving

Before moving a significant distance or out of the state entirely, it is important to understand how the state’s custody laws can impact your relocation. Significant changes to a child’s living situation often require a review by the courts to ensure the child is properly supported and has access to both of their parents.

When one parent moves out of the state, that qualifies as a substantial change for the child, whether the moving parent is the primary caregiver or not. In most cases, a parent cannot relocate with the child without permission from the other parent or court approval. If one parent moves without the other parent’s consent or notifying the court, that could also be seen as a potential form of neglect or even abandonment on the part of the moving parent.

Understanding these requirements and planning accordingly is crucial. An unapproved move could lead to legal complications and affect custody arrangements. Consulting with a family law attorney familiar with California custody cases can help you understand your rights and obligations, making it easier to navigate the complex process of relocation without unintentionally violating any custody agreements.

Factors Courts Consider When Evaluating Relocation Requests

The courts cannot stop any parent from moving, but there could be wide ranging consequences if the move is done in violation of the child custody order or the interest of the child. Suppose the parent who moves away is not the primary custodian of the child, that could create a great child-rearing burden for the parent who is left to raise the child primarily on their own.

The courts may consider the distance of the move, the impact on the existing custody arrangement, and the reasons behind the relocation, among other considerations. Courts generally examine whether the move will improve the child’s quality of life, including access to better education, healthcare, or supportive family networks.

This isn’t to say that there aren’t many sensible reasons for one parent to move out of state. Their job may require a move, or they may have accepted a new job out of state. The decision to move can be a difficult one. As long as there are no significant adverse effects on the child, many parents can navigate these kinds of transitions while focusing on the welfare of their child.

Crafting a Parenting Plan That Supports Relocation

One solution for a permanent move is for the parents to draft a new parenting plan that accounts for the new realities of one parent living out of state. The plan may require fewer visits by the parent who lives out of state while allowing more substantial time together during holidays and summer breaks.

Additionally, such plans typically allow the out-of-state parent to visit at regular intervals if they can, understanding that weekly or even monthly flights may not always be cost-effective.

Effective communication and flexibility are key elements in crafting an agreement that reassures the court of both parents’ commitment. By proactively addressing potential issues, co-parents can demonstrate their focus on the child’s stability and emotional well-being. Family law attorneys are familiar with these types of situations and can provide pragmatic advice that helps both parents navigate the changes.

FAQs

Q: Will I Have to Go Back to Court to Move Out of State?

A: It depends. If the move is temporary and you and the other parent are flexible and cooperative, there may not be a need to go back to court. Often, moving out of state creates a significant change that should be reflected in the custody agreement. There may also be implications for any child custody orders. An attorney can advise you on these and other matters.

Q: Does One Parent Moving Shift the Financial Burden to the Primary Custodian?

A: If the move means that one parent will spend more time child-rearing while the other spends less time taking care of the child, then yes, the move could shift the financial burden between the parents. This would likely require revisiting the child support agreement to make sure that the child is not negatively affected by the move.

Q: Can My Ex Move Out of the State With My Child?

A: In most cases, the courts will not allow one parent to move away with their child without the consent of the other parent. Child custody orders generally list geographic restrictions to prevent one parent from limiting the other parent’s access to their child. If one parent attempts to break the court order, the other parent can hire an attorney to file a motion for enforcement.

Q: What Happens If I Don’t Follow the Custody Order?

A: When both parents agree to parenting schedules outside of the court order, it is generally allowable as long as both parties agree with the deviations. If one parent sticks to the visitation schedule but the other one does not, it can create problems. One parent who fails to exercise their visitation rights may eventually have their right to visit limited if the matter is brought up in court.

Q: What Do I Do If the Other Parent Moved Out of State and Rarely Visits Our Child?

A: In this situation, you should consult with an attorney. The other parent may be required to pay additional child support if their absence creates a financial burden. Failing to exercise visitation rights could also lead to the loss of some of those rights, depending on the circumstances of the case.

Schedule Your Co-Parenting Consultation Today with Bickford Blado & Botros

Anytime one parent moves farther away from the other parent, there is the potential for challenges when it comes to complying with a standing court order. It would be advisable for any parent who is planning to move to consult with an attorney and inform the other parent well ahead of time.

The goal of the family court system is to provide for the safety and welfare of children. Both parents and the child may adjust to the move without major issues, but there is a possibility that the change could require some type of modification to the child support or child custody order to ensure that the child is not adversely affected. To learn more, contact our office today.

 

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