What You Need to Know About Child Custody When Moving Out-of-State
Custody agreements can change if a parent decides to relocate with a child. Here’s everything you need to know about moving out-of-state with child custody in California.
In California, a judge does not have the authority to bar a parent from relocating after a divorce. Nevertheless, judges can alter custody arrangements to serve a child’s needs if a parent moves out-of-state. Judges will prioritize the child’s best interests when deciding on child custody in California.
Can a custodial parent move out-of-state with a child?
California law prioritizes the child’s best interests when dealing with divorce and related matters. Thus, a custodial parent can legally move so long as the child’s best interests are not harmed.
Related: Sole Legal and Physical Custody in California
A custodial parent that plans on moving must take certain steps prior to leaving their residence. This includes the parent supplying a written notice of their intent to move (for more than 30 days) with their child. This notice must be completed and received by the court a minimum of 45 days prior to the move, as this ensures parents will have enough time to develop a new custody or visitation agreement. If the non-custodial parent does not agree with the terms of the move, they have the right to object to the other parent’s relocation. If successful, this can result in the court modifying the set custody agreement.
When will a judge consider a relocation hearing?
Parents that possess a permanent order for sole physical custody of their child have the right to relocate with their child. However, this right can be revoked if the other parent provides the court with proof that the relocation would harm the child. Most of the time, custody orders are ambiguous in terms of being permanent or temporary, therefore, there is a lot of subjectivity in how relocation cases are handled.
A parent has the right to object to the relocation of a parent with a child. If such is the case, a hearing will take place in which the judge, rather than removing the child from the custodial parent’s care, will decide on how custody or visitation agreements will be altered upon the move. The judge will make their decision based on an assortment of factors, including but not limited to:
- The reasons behind the custodial parent’s desire to move
- How far the custodial parent plans on moving
- The relationship between both of the child’s parents. This includes how well they are able to communicate and work together
- The connection between the child and the custodial parent
- The connection between the child and noncustodial parent
- How the child will be affected emotionally, physically, and educationally as a consequence of relocating
- If the child will be negatively affected by a change in custody
- The extended family and relationships the child has in their current location versus the potential new location
How are custody issues resolved when parents live in different states?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), is followed by all states in the United States and the District of Columbia. This law informs courts on when they can make custody decisions as well as when they should accept past decisions made by other states. Generally, states have the right to make custody decisions involving a child if at least one of the following is valid:
- The child has resided in the state for a minimum of 6 months, making it the child’s “home state”. If the child is not in the state it is because a parent removed the child from the state.
- The child has important relationships with people in the state. This can include instructors, medical doctors, and family members. Thus, it is apparent that the child’s wellbeing in terms of training, care, protection, and emotional connections is based in the state.
- The child is located in the state and risks being neglected, endangered, or harmed in any sort of way if relocated back to the other state.
- The state is the only state that can meet at least 1 of the requirements provided above, or another state that does meet a requirement declined to make a custody decision.
Custody decisions are only allowed to be made by one state, thus the information stated above is important in selecting a state. The UCCJEA is useful in regards to there being consistency when determining custody. This act is instrumental in solving disputes that involve parents living in different states.
Related: How Moving Out-Of-State Affects Child Support in California
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