Joint custody situations can create problems for many parents who wish to relocate with their children. Here’s everything you need to know about move-away in California custody cases.
Although family courts cannot stop parents from moving on their own, parents with joint custody are often restricted by the terms of their custody agreement to move with children if it significantly impedes current custody orders. Parents with joint custody share decision-making power over a child’s health, welfare, and education. Moving requires mutual parental consent if the relocation of children conflicts with current custody orders. If a person with joint custody in California wishes to move farther than 50 miles or to another state, they must approach the court with the new relocation request. California courts require custody arrangements to be redrawn according to the best interests of the child and the circumstances of the move.
Related: Child Custody Laws in California: What You Need to Know
What is a Move-Away Situation?
A move-away situation exists when one parent within a custodial agreement wishes to move with their child to a new location. In California, relocation involves moving far enough to disrupt current custody arrangements or a 50-mile distance.
Court Considerations for California Move-Away Cases
Changing custody arrangements as a result of a move can be challenging and there are many factors to consider. California family courts account for:
- Distance of the move
- Reason for moving
- Age(s) of the children
- The relationship between parents and their children
- Parents’ ability to communicate effectively
- The child’s best interests
- Stability of homelife
- Current custody arrangements
- Who has more custody
- Possibly allowing the children to decide (if old enough)
Courts base their decision on the assumption the relocating parent will move regardless of the new custody arrangement. If this assumption is untrue, a parent can pursue a conditional custody modification that is only based on the intention to move.
Joint custody agreements may become challenging when situations change. If you or your spouse are considering relocating far away and want custody, understanding your rights will help resolve move-away disputes in California family courts.
Related: 9 Factors That Affect Child Cusotdy in California
FAQs About Move-Away Cases in California
How far can you move if you have joint custody in California?
In California, a person can relocate with children so long as it doesn’t interfere with current custody arrangements. The allowed distance is limited to 50 miles or less, depending on circumstances.
How to file a move-away order in a joint-custody agreement?
A person will file a motion with the court to start or stop the move, via a “request for order.”
How can I win a relocation custody case in California?
Move-away requests done in “good faith” can have the best chance of successful resolutions. California courts favor relocations allowing both parents continued visitation, especially if both are in the child’s best interest. Relocation orders are often granted to parents who communicate well, cooperate, and put the child’s best interest first.
What is the best way to manage custody disputes due to relocation?
Having a family lawyer can be important in custody negotiations. Parents who understand the law, develop a strategic plan, approach the process in good faith, are open to collaboration with the co-parent, and have honest conversations likely win move-away custody cases in California.
Can a parent with joint custody move out of the country?
Certain criteria are considered by California courts if a parent wishes to relocate internationally within a joint custody agreement. The criteria include cultural conditions, visitation challenges, and whether the California custody order would be difficult to enforce in the new country. In international relocation cases, California courts minimally require continued contact between the child and parent living in the U.S.
Related: Child Cusotdy Relocation Laws in California
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If you or a loved one would like to know more about move-away situations in California custody cases, get your free consultation with one of our family law attorneys today!