Laws regarding child custody relocation in California
A custodial parent has the right to move with their child, except in certain cases. Here’s what you need to know about child custody relocation laws in California.
The parent with sole physical custody of a child has the right to move with that child, unless the move is not in the child’s best interest. The custodial parent must inform the other parent at least 45 days before the move in order to provide sufficient time to negotiate a new custody agreement or for the other parent to object to the move. If the parents have joint physical custody and one wants to move with the child, the parent must prove in court that the move is in the best interest of the child.
What is child custody?
When parents with children separate, they must decide where the children will be living and who will be making decisions for them. This is child custody, or the parents’ rights and responsibilities in regards to taking care of their children.
There are two types of custody: legal and physical. Legal is the right to make important decisions regarding the child, such as health care or education, while physical simply refers to with whom the child will live. Both can be either sole or joint, which means that both types of custody can be held entirely by one parent or shared by both parents. The parent that the child lives with for the majority of the time is the custodial parent and as such has primary physical custody.
Related: Types of Child Custody and Visitation in California
If parents cannot decide on an agreement, then a judge will decide for them based on the child’s best interests. However, if the parents can come to an agreement, then the judge will usually just approve their agreement.
What happens if the custodial parent moves with the child?
The custodial parent does have the right to move with the child, but does not unilaterally have the ability to do so. The custodial parent is required to inform the other parent of the move at least 45 days before the move so that there is sufficient time to negotiate a new custody order.
Related: Moving Out-of-State with Child Custody in California
The noncustodial parent may object to the move if they believe it to not be in the best interest of the child, and as such may request that the court modify the custody order to the benefit of the noncustodial parent. If the custodial parent has permanent sole custody of the child, then they are able to relocate with the child unless the other parent can prove that it would harm the children.
If the parents have joint physical custody and one parent wants to move, then that parent must prove that the move would be in the best interest of the child.
When a judge is considering whether the move will be in the best interest of the child or harmful to the child, they will consider numerous factors including (but not limited to):
- Each parent’s relationship with the child
- The distance of the move
- The impact of the move on the child’s education
It must be noted that these proceedings can become very complicated, and so having the right lawyer can be critical. Contact Her Lawyer to be put in contact with an expert child custody attorney who specializes in this area.
FAQs about child custody relocation laws in California
Can a parent with a child custody agreement move?
Yes, unless it interferes with the child’s best interests. If the move is far enough, then the custody order may need to be renegotiated.
Do I have to notify my ex-spouse that I’m moving if I have sole physical custody of the child?
Yes. The move may affect the other spouse’s visitation, and so you are required to give them 45 days notice before the move.
Do I need a lawyer if I am moving, or if my ex-spouse is moving?
Not legally, but it is highly recommended. An expert child custody attorney will help ensure that your parental rights are protected as much as possible in these complicated cases.
Can a judge award physical custody to the other spouse if a spouse with physical custody moves far away?
Yes. If the judge believes that the move will not be in the best interests of the child, then the judge may award sole physical custody to the other parent.
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If you or a loved one have any more questions about child custody relocation laws in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!