Understanding California’s parental relocation laws is crucial for parents considering a move that may impact child custody or parenting time. Relocation, also known as a move-away case, can present legal issues when a requested move may interfere with an existing child custody or visitation order.
Changing family needs due to employment, housing, or support issues may raise questions about how a request to relocate is handled under California law. This guide addresses key considerations for parents in move-away situations.
Hire a Move Away Lawyer
Quinn & Dworakowski, LLP has over 100 years of combined experience litigating family law matters in Orange County, California, including custody and relocation disputes. The firm’s family law practice has been named in Best Lawyers, Super Lawyers, and U.S. News & World Report.
Our attorneys represent parents in move-away cases and leverage our litigation experience to evaluate custody orders, parenting plans, and the legal standards governing parental relocation under California law.
When Is a Parental Move a Legal Issue?
Just because a parent moves does not necessarily mean a court has to get involved under California law. A move becomes a legal issue if it impinges on an existing custody or visitation order. In those situations, a parent may have to go to court first to gain permission to move with a child.
California courts have long held that routine life choices are not subject to judicial review, but relocation in itself may be considered a move that affects parenting time. California Family Code Section 7501 gives a parent who has physical custody of a child the right to change that child’s residence. That parental right, however, is not without limits.
The court can review such a request to change the child’s residence to determine if it affects the other parent’s custody rights. The standard for legal review is whether the move itself affects the current custody order, not how far away the move is.
How California Courts Look at Requests to Move Away
If a move-away request reaches court, a judge would apply the aforementioned legal standards to decide whether to grant it. Courts take a fact-intensive approach when considering a move-away request and focus on how the requested move would affect the current custody order.
There is no automatic presumption that a move should be either granted or denied. Judges can also take into account:
- How feasible would it be to maintain parenting time
- How the move would impact the child’s routine
- If there is a need to change the existing custody order
Relocation issues are quite common in family law. The 2023 divorce rate in the U.S. was 2.4 per 1,000 people, indicating that custody agreements and arrangements will often need to be modified as families restructure and circumstances change.
Existing Custody Orders as the Foundation for Move-Away Cases
Move-away cases begin with a court-ordered parenting plan that includes custody and visitation. A court will review the existing custody order to determine how the move affects it. The more structured an order is, the more detail the court will look into the proposed move and how it disrupts parenting time.
Move-away disputes begin with the current custody orders, as judges must determine the impact of the move on parenting time and the child’s stability. If one parent wants to relocate, the court assesses whether the existing custody arrangement remains feasible or needs to be modified to serve the child’s best interests.
There are 13.9 million custodial parents in the US, according to the US Census Bureau. Of these custodial parents, 78.2% are mothers, and 21.8% are fathers. Courts must determine how a move will impact the other parent’s court-ordered time and if modifications are necessary.
Typical Scenarios That Result in Move-Away Parental Disputes
Move away cases usually start not because of conflict but because of new opportunities or life changes. Parents may consider relocation for several reasons, such as a change in their work or housing situation, or a need for family support.
Parents may or may not be at fault for moving away. They can, however, raise legal issues when a move substantially affects existing custody orders. Move-away disputes may arise from any of the following common triggers:
- Job transfers or new employment
- Housing changes
- Remarriage or new living situations
Courts determine how these factors affect parenting time and whether the custody orders will remain in effect if the move takes place.
FAQs
What Is a Move Away Case Under California Law?
Move-away cases involve one parent wanting to change the child’s residence in a way that impacts a custody or visitation order. The court typically has jurisdiction if the move conflicts with a parenting time order, not merely because of the relocation itself. If a parent moves with a child and that affects the other parent’s visitation, the court may need to adjust the parenting time order.
Does California Law Automatically Allow a Parent to Relocate With a Child?
No, California law doesn’t automatically allow or disallow a relocation request by a parent. A custodial parent typically can change a child’s residence, but a court can consider a move that impacts the other parent’s custody or visitation rights. The court generally looks at how the move affects parenting arrangements, rather than the moving parent’s individual reasons for relocating.
How Long Does a Move Away Case Take in Orange County, CA?
Move-away case length in Orange County, CA varies and depends on whether there is an existing custody order and if parents agree on the relocation. Mediated cases can take months, while court hearings may result in faster but temporary orders, with final orders issued later. The full process can take a year or more, depending on factors like court availability and the parents’ ability to reach an agreement.
Can Parents Agree to Allow a Parent to Relocate With a Child Without Involving the Court?
Parents may agree that a parent can relocate with a child without involving the court, provided it doesn’t violate a court order. If a parent moves and a court-ordered parenting plan is disrupted, a judge may need to approve the move. Even if parents agree, it’s wise to document any arrangement, and a judge can confirm it as long as it’s in the child’s best interests.
