Can I Move Out of State With My Child After Divorce in Orange County? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |If you have a custody order in California, it is crucial to comply with the terms of the order at all times. If a parent has a new job offer or another opportunity that requires relocation, they may ask, “Can I move out of state with my child after divorce in Orange County?” The answer to this question will vary from case to case and largely depend on the type of custody order and the terms of that order regarding relocation.
Can I Move Out of State With My Child After Divorce in Orange County?
Whether you can legally move out of state with your child after divorce in Orange County depends on the type of custody arrangement you have with your co-parent and the specific terms of your custody order. Quinn & Dworakowski, LLP, can review your custody agreement and explain what you can expect on either side of this issue.
According to US Census data from 2023, about 10.5% of women and about 7% of men in California have been divorced, and many divorces throughout the state each year require resolving child custody and child support. Joint custody agreements are most common, and these arrangements typically entail shared legal custody, or the ability to make decisions for the child, between the parents, and physical custody will be arranged based on the child’s needs.
Recent data shows that in California, fathers receive about 33% of custody time with their children, and in most custody arrangements throughout the United States, mothers are the primary custodians of their children.
Many people assume that mothers automatically receive greater custody rights than fathers, but this trend has developed due to the traditional roles of fathers working more than mothers, meaning mothers have more flexibility to handle children’s everyday needs.
Regardless of whether you are a mother or a father, you can assert your rights under the terms of your custody order in Orange County on either side of a relocation dispute. When you share legal custody of your child with your co-parent, and you intend to relocate with your child, you will need to provide advance notice to your co-parent and obtain their express written consent. If they agree, you will need to revisit and modify your custody agreement to account for your move.
Your co-parent could contest your relocation, arguing that the move would be harmful to your child in some way. The Orange County Superior Court has a legal duty to rule in favor of the child’s best interests, so both you and your co-parent will need to argue your respective sides of the case before a family court judge.
The relocating parent could be denied, in which case they can either remain in the same custody arrangement and cancel their relocation plans, or it is possible for them to go ahead with their relocation plans and have the custody order changed. This would mean their co-parent would likely become the primary caregiver for the child. Ultimately, you can move out of state with a child after divorce in Orange County, but you must comply with your custody order in doing so.
Understandably, relocation disputes are some of the most contentious issues any parent can face in the Orange County family court system. If you are planning to move out of state and want to take your child with you, the flexibility you have in doing so will largely depend on the terms and conditions of your custody order.
Quinn & Dworakowski, LLP, can help you better understand your options in this situation. Our team has years of experience helping clients navigate difficult custody disputes in Orange County, and we can put this experience to work for you. Reach out to our team at your first opportunity to learn how we can help with your case.
FAQs
Can You Relocate With a Child When You Have Sole Custody?
You are generally allowed to relocate with a child when you have sole custody and will not need the noncustodial parent’s consent. You will, however, likely be required to give them advance notice of your relocation. If the relocation affects the noncustodial parent’s visitation schedule, they may contest the relocation. Your attorney can explain what to expect in your individual case.
What Is Parental Kidnapping?
Parental kidnapping can include the taking of a child, keeping a child, or concealing a child’s whereabouts from their custodial parent in violation of a custody order. Parental kidnapping can also apply to a parent taking their child out of state or out of the country without the other parent’s knowledge or consent. A custody order will stipulate all requirements for travel with a child and explain potential violations of the custody order.
How Do You Fight Relocation in Orange County?
Fighting a relocation in Orange County will require making an argument at your hearing in the Orange County Superior Court that proves the relocation would be detrimental to the child in some way or expose them to harm. If you intend to contest your co-parent’s relocation with your child, it is important to hire an attorney who can help you develop a strong argument.
Can a Noncustodial Parent Move out of State?
Yes, a noncustodial parent may move out of state, and they are generally only required to notify their co-parent if the move affects their visitation schedule. It is important to understand that if you are a noncustodial parent and you intend to move out of state, the court will consider you as being responsible for ensuring any visitation time following the move. You cannot expect the custodial parent to arrange or pay for your child’s travel to visit with you.
The attorneys at Quinn & Dworakowski, LLP, have more than 40 combined years of experience helping parents navigate all types of child custody disputes in Orange County, including those arising from parental relocations. If you are planning to move with your child or if your co-parent has notified you that they intend to relocate with your child, contact us today and schedule a consultation to learn how we can help you resolve your case.
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