Understanding Custody Issues When Relocating with a Child

As a divorced or separated parent, relocating is not as simple as deciding where you want to go and planning your move. You must also address the child custody implications of relocating, and, in California, there are specific rules and requirements regarding relocation as a divorced or separated parent. To ensure that you comply with these rules and conditions, you must consult with an Irvine relocation lawyer before making any major decisions.

As the California courts explain, “[t]he law on these types of cases is very complicated and changing.” Each situation involves unique circumstances; and, to protect yourself and your relationship with your children, you need to make informed decisions based on the advice of legal counsel.

Let Our Orange County Family Law Firm Help Your Family Relocate 

Our lawyers represent divorced and separated parents who are seeking to relocate within California and across state lines. If you are attempting to move – whether to pursue a career opportunity or for any other reason – our lawyers can assist you with modifying your parenting plan and obtaining approval in the appropriate court. We have experience in situations involving:

• Parents seeking to move into and out of Orange County
• Parents seeking to move out of California
• Parents seeking to relocate temporarily
• Parents facing military deployment

Generally speaking, the California courts favor divorced and separated parents living close to one another. This limits the disruptions to children’s lives, and it helps ensure that children have access to the same friends, activities and community regardless of at whose home they are staying. However, the California courts also recognize that this is not always feasible, and they will approve out-of-county and out-of-state relocations in appropriate circumstances.

As with initial custody determinations, in relocation cases, the focus is on protecting the children’s best interests. At Seastrom Tuttle Murphy Dockstader, our child custody lawyers can work closely with you to build a strong case for demonstrating that your relocation and proposed parenting arrangement protect your children’s best interests. We can negotiate with your former spouse or partner’s attorney to craft a new parenting plan if possible, and we can seek relief in the courts if necessary.

What if My Former Spouse or Partner is Seeking to Relocate?

If your former spouse or partner is seeking to relocate, our Irvine custody lawyers can help you achieve a desirable result. We can make sure your children’s best interests and your relationship with your children are protected, and we can ensure that you are not unduly burdened as a result of your former spouse or partner’s proposed move. Suppose your former spouse or partner has already relocated without taking the necessary steps to modify your custody order. In that case, we can assist you in this scenario as well, and we encourage you to contact us promptly so that our lawyers can take appropriate legal action on your behalf.

Speak with an Irvine Relocation Lawyer in Confidence

For more information about the laws that apply to parental relocations in California, please contact us to arrange an initial consultation. To speak with an Irvine child custody lawyer in confidence, call 949-474-0800 or inquire online today.

Common Questions About Relocating With a Child in California

Can a parent move away with the children after a divorce?

It depends primarily on the existing custody order. A parent who has sole physical custody under a final order has a presumptive right to change the child’s residence, subject to the court’s authority to prevent a move that would prejudice the child’s rights or welfare. Where the parents share joint physical custody, no such presumption applies, and a proposed move is examined afresh under the best interest standard. That distinction is the single most important fact in a move-away case, which is why the wording of the existing order matters enormously.

Is notice to the other parent required before moving?

Yes. California requires written notice at least forty-five days before a planned change of the child’s residence lasting more than thirty days, so the parents can work out a revised schedule or, failing that, seek court intervention. Many judgments include their own notice provisions that are more specific. Moving without giving the required notice is a serious error: it invites an immediate order requiring the child’s return and it damages the moving parent’s credibility on the very question the court must decide.

What does the court consider in a move-away case?

Where the matter is examined under the best interest standard, courts weigh the child’s interest in stability and continuity, the distance of the move, the child’s age, the child’s relationship with both parents, the child’s ties to the community and school, the reasons for the proposed move, and whether each parent is likely to support the child’s relationship with the other. A move undertaken to interfere with the other parent’s contact weighs heavily against the moving parent. Courts do not require a parent to justify wanting to move, but they do examine whether the motive is the child’s welfare or the other parent’s exclusion.

What happens to the parenting schedule if the move is allowed?

It gets rebuilt around distance rather than proportioned down. A schedule that worked with alternating weekends does not translate to a two-thousand mile separation, so orders in these cases typically restructure time into extended blocks during school breaks and summer, add regular video contact, and allocate travel costs and unaccompanied-minor arrangements explicitly. Deciding who pays for flights, who accompanies a young child, and how holidays rotate at the time of the order is far easier than litigating each trip afterward.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss a relocation or move-away matter with the firm.