Parental relocation, often referred to as a “move-away” case, is one of the most complex and emotionally charged issues in California family law. When a divorced or separated parent wishes to relocate with their child, whether for a job opportunity, family support, or personal reasons, they often face significant legal hurdles. The court’s primary concern is ensuring that the move serves the best interests of the child, which can lead to contentious legal battles between co-parents. In this post, we explore the legal considerations, challenges, and steps involved in California move-away cases.
Legal Framework for Move-Away Cases in California
California family law recognizes the fundamental right of a parent to move, but that right is weighed against the best interests of the child. The legal framework surrounding move-away cases depends on the type of custody arrangement in place:
- Sole Physical Custody – If a parent has sole physical custody, they generally have a greater right to relocate with the child. However, the non-custodial parent can contest the move by demonstrating that it would harm the child’s welfare.
- Joint Physical Custody – If parents share joint physical custody, the relocating parent must prove that the move is in the child’s best interest. This often leads to extensive court evaluations and hearings.
Regardless of custody status, the parent wishing to relocate must provide adequate notice and, if necessary, seek a court order approving the move.
Key Considerations in Move-Away Cases
When evaluating a move-away request, the court examines several factors to determine if the relocation aligns with the child’s best interests:
- Reason for the Move – The court assesses whether the move is being made in good faith, such as for employment, education, or family support, rather than to interfere with the other parent’s relationship with the child.
- Distance of the Move – The farther the relocation, the greater the impact on the existing custody arrangement. A move within the same city or region may be less contentious than an out-of-state or international relocation.
- Impact on the Child’s Stability – Courts prioritize minimizing disruption to a child’s routine, school, and social life. The relocating parent must present a plan that maintains stability.
- Relationship Between the Child and Both Parents – If the move significantly limits the non-relocating parent’s ability to maintain a meaningful relationship with the child, the court may be reluctant to approve it.
- Parental Cooperation and Communication – Courts favor parents who demonstrate a willingness to foster a positive co-parenting relationship and create a realistic long-distance visitation schedule.
- The Child’s Preference – In California, courts may consider the child’s preference if they are mature enough to express an informed opinion, typically around age 12 or older.
Challenges Parents Face in Move-Away Cases
Move-away cases are highly contentious, and parents often encounter several obstacles:
- Burden of Proof: In joint custody arrangements, the relocating parent must provide compelling evidence that the move benefits the child.
- Emotional and Financial Costs: Legal battles over relocation can be lengthy and expensive, with both parents often hiring attorneys and expert witnesses.
- Enforcing Long-Distance Visitation: Ensuring the non-moving parent has meaningful access to the child can be logistically challenging, requiring creative visitation arrangements such as extended holiday visits or virtual communication.
- Court Bias and Interpretation: Different judges may interpret the child’s best interests differently, leading to unpredictable outcomes.
Steps to Take When Considering Relocation
If you are a parent considering relocation, here are key steps to follow:
- Review Your Custody Order – Determine whether your custody agreement includes relocation restrictions or notice requirements.
- Communicate with the Co-Parent – Open and honest discussions may lead to an amicable resolution, avoiding litigation.
- Provide Formal Notice – California law requires the relocating parent to provide at least 45 days’ notice before moving, giving the other parent time to respond.
- Negotiate a New Custody Plan – Propose an alternative custody schedule that accommodates the non-relocating parent’s time with the child.
- File a Motion with the Court (if necessary) – If the other parent contests the move, you must file a request for a court order to relocate.
- Prepare for Court Proceedings – Gather evidence demonstrating that the move is in the child’s best interest, such as school and housing plans, support networks, and job opportunities.
Parental relocation cases in California require careful planning, legal understanding, and often, court intervention. Whether you are seeking to move with your child or opposing a move, it is crucial to approach the situation with a focus on the child’s best interests and work towards a resolution that preserves parental relationships. If you are facing a move-away dispute, my team and I are here to help. Contact my office today to schedule a consultation, and let us guide you through this process with the experience and dedication you deserve.
Channe G Coles
Family Law Attorney
Santa Barbara & Ventura Counties
