Legal Considerations for Relocating With a Child After Divorce

Moving with a child if you’re divorced is no easy task, especially in California. If the parenting plan is permanent, and you are planning to move to another state, you must get permission from the court. Judges take into account a child’s best interests for any decision that affects them, including their relationship with the other parent.

California’s “Move-Away” Laws

Parental moves, including “move-away” laws, are the main factor in custody arrangements in California. Only the parent who has sole physical custody will generally have a greater degree of mobility, whereas joint custody must be approved by the court. A request for the transfer must be made in writing to the court, along with proof that the move is in the child’s best interest.
It’s up to the other parent to object to the move. Courts also take into account the effect the move could have on the child, its relationship with the non-moving parent, and the child’s general health.

Factors Courts Consider in Relocation Cases

When deciding whether to authorize a relocation, California courts consider a variety of factors. These include the child’s age, emotional and educational demands, and the proposed distance for the transfer.

Courts also consider the reasons for the transfer, such as improved work prospects or family assistance, as well as the capacity to retain meaningful contact with the other parent. The child’s best interests remain the guiding premise, ensuring that the move is not detrimental to their overall well-being while not jeopardizing their stability or relationships.

The Process of Seeking Court Approval

If one parent doesn’t consent, it is the moving parent who must petition the court to move with the child. They do this by filing a statement in writing of why the move will benefit the child. The court will usually hold a hearing where the parents will have time to argue their cases. Relevant paperwork should be prepared, including information about the proposed relocation, how it will affect the child, and how you will keep the child in contact with the other parent.

Modifying Custody and Visitation Orders After a Move

If the court approves the move, then the custody and visitation schedule might need to change in accordance with the new situation. Modifications may include changing the sedentary parent’s visitation hours, arranging virtual visits, or altering holidays and special days.

The intention is to keep the child in close contact with both parents while making allowances for a new home. The courts seek a sustainable solution to make sure the child gets the most favorable outcome possible while still keeping both parents involved.

How Relocation Impacts Parental Relationships

Moving with a child can have profound consequences for both the child and the parent who doesn’t move. The moving parent needs to be willing to support the child’s relationship with the other parent despite the increased distance. The more contact and cooperation between parents, the less impacted the child may be by the move.

FAQs

Q: Do I Need Court Approval to Relocate With My Child in California?

A: If your move has a major impact on an existing custody arrangement, you will most likely need court approval. Parents with exclusive custody may have more leeway, but joint custody arrangements typically necessitate formal approval or a judge’s order. Filing a request with the court and giving valid reasons for the relocation is required. Before approving the move, the court will consider if it is in the best interest of the child.

Q: What Factors Do Courts Consider When Evaluating a Relocation Request?

A: Courts in California consider the age of the child, schooling, emotional condition, and attachment to both parents. They also take into account the reason for the move, the distance, and whether the non-moving parent can be trusted to keep contact with the child. The courts’ main goal is to make the relocation work for the best interests of the child, which involves providing them with stability as well as a means of expanding their self-understanding.

Q: Can the Other Parent Object to the Relocation?

A: Yes, the non-relocating parent can resist relocation. If they do, the court may order a hearing that considers both parents’ cases and whether the move will affect the child negatively. The objecting parent can also provide evidence as to why the move isn’t in the child’s best interest. Courts weigh the pros and cons carefully in an effort to resolve a case in a way that protects the child’s safety, stability, and welfare.

Q: How Can I Strengthen My Case for Relocation?

A: If you want to make your case for relocation stronger, demonstrate that the move will benefit the child, whether that’s by getting a better education, being around family, or having a better living space. Demonstrate your plan to keep the child connected with the other parent. A plan tailored to the child’s needs may convince the court to approve the move.

Q: What Happens if the Court Denies My Relocation Request?

A: If the court denies your relocation request, you must either remain in your current location with the child or negotiate a new custody arrangement with the other parent. Moving without court approval can result in legal consequences, including losing custody rights. Consulting with an experienced family law attorney can help you explore your options and determine the next course of action to address your family’s needs while complying with California custody laws.

Contact a California Family Law Attorney

Moving with a child after a divorce is a legal nightmare that you will need to navigate and adhere to in accordance with California regulations. Courts prioritize the child’s best interests, considering how a separation will affect their stability, education, and connection to the other parent. You can hire an experienced lawyer to assist you, whether it is for a court-ordered relocation or a move petition against a relocation.

At Bickford Blado & Botros, we are experienced in custody and relocation matters. Our skilled family law attorneys can personally guide you and fight for your rights and your child’s safety. Contact us now for a consultation, and receive appropriate legal advice to move forward with your relocation case.

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