How Far Can a Parent Move With Joint Custody in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Many parents in California have joint custody agreements that dictate legal and physical custody of their children. Joint custody usually entails shared legal custody and a physical custody arrangement based on the child’s needs, the parents’ respective living arrangements, and each parent’s work schedule. Relocations can be contentious issues, but how far can a parent move with joint custody in California?
How Far Can a Parent Move With Joint Custody in California?
If you have a joint custody order in California, it is important that you fully understand your rights and your responsibilities under the terms of the order. You should also know your co-parent’s responsibilities and what to do if any type of dispute arises. Parents sometimes receive job offers or have other opportunities that require them to relocate, and understandably, many of these parents wish to take their kids with them. This is difficult to do with joint custody orders.
A joint custody order will clearly dictate the legal custody rights of each parent and the physical custody schedule that the parents must follow. It is important to remember that California considers mothers and fathers equally in custody disputes, though, in California, fathers, on average, only receive about 33% of child custody time. If either parent wishes to relocate with joint custody, the court is required to rule in favor of the child’s best interests.
If a parent with a joint custody order is only moving a short distance and the move will not interfere with the other parent’s custody or visitation rights, then they likely only need to notify the co-parent of their move. However, their custody order will likely stipulate that if they intend to relocate beyond a certain distance, they must obtain the other parent’s express written permission.
Resolving Relocation Disputes in Orange County Family Court
When a parent wishes to relocate with a joint custody order, doing so may significantly alter the standing terms of their custody agreement. If the co-parent agrees, they may need to surrender some physical custody time with their child, and this could also lead to changes in their child support order.
Alternatively, the co-parent may object to the relocation. They may present an argument that relocating with the child would be harmful to them in some way or otherwise would not suit the child’s best interests. Should the court side with them, the relocating parent will need to choose to either go ahead with the relocation and shift more physical custody to the non-relocating parent or cancel their moving plans and keep the status quo.
When the court reviews a petition for relocation with a joint custody order and the relocating parent wishes to take their child with them when they move, the court must evaluate many factors to determine whether the move is truly suitable to the child’s best interests. The court will examine the motivation for the relocating parent’s desire to move, the child’s unique individual needs, and the arguments presented by the other parent, along with other factors.
Quinn & Dworakowski, LLP, can provide comprehensive legal support for either side of a relocation dispute in California. If you are planning to relocate with a joint custody order or you are unclear about your rights and responsibilities under the terms of your custody order, we can help. Reach out to our team today to learn more about the legal services we provide.
FAQs
What Is the Difference Between Legal Custody and Physical Custody?
The difference between legal custody and physical custody is that legal custody pertains to the right to make decisions for a child, while physical custody dictates the child’s residence and how much time they spend with each parent. Many co-parents in California with joint custody arrangements have consistent schedules with their children spending time with each parent on a rotating basis.
How Far Can I Take My Child With a Joint Custody Order?
The distance you can take your child with a joint custody order should be clearly stated within your custody order. For example, if you plan to take your child anywhere outside a specific range, the order may state that you must notify your co-parent or obtain their permission. There will also be rules for taking your child out of state or out of the country, and it is important to follow these rules as closely as possible.
What Is Parental Kidnapping?
The term “parental kidnapping” can refer to any intentional violation of a custody or visitation order that involves taking, keeping, or concealing a child from their other parent, refusing to comply with a physical custody schedule, or taking a child out of state or out of the country in violation of the custody order. Any such behavior could lead to severe penalties, including a loss of custody or visitation rights.
Can I Change a Custody Order in California?
Yes, it is possible to change a custody order in California if you have experienced any major life change that directly affects your standing custody order. You can file a petition for modification with the Orange County Superior Court, and you and your co-parent will both have an opportunity to speak on the proposed change at a hearing. Your co-parent may agree without contest if it is a reasonable and necessary change, or they may contest it.
Should I Hire a Lawyer for a Move Away Dispute in California?
Yes, it’s a good idea to hire a lawyer for a move away dispute in California. Any type of dispute involving parental relocation with a joint custody order is likely to affect the other parent’s custody or visitation rights. The other parent may object to your relocation, so the case will need to be resolved in family court. Your attorney can help on either side of such a case, ensuring your parental rights are protected.
The attorneys at Quinn & Dworakowski, LLP, have years of experience helping clients throughout Orange County with all types of child custody disputes. If you believe your co-parent has violated your custody order or if you are facing any type of relocation dispute, we can help. It’s important to secure legal counsel you trust right away, so contact our team today to learn how we can assist you with your case.
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