Divorce is a major life event on its own, but moving out of state is an even more significant decision. When children are involved, the issue is no longer just a personal one – it becomes a legal one.
Under California law, a parent can’t simply move out of state with their child without the other parent’s consent, or a court’s approval. In this article, we will explore the case of can you move out of state with your child after divorce in California, also called a move-away case; and how courts decide whether you can do that.
What Is a “Move-Away” Case?
A move-away case is when one parent wants to move a significant distance, for example, out of state, or far enough that it would disrupt the current custody arrangement. It’s a significant type of legal case, as it’s seen as one which can impact the other parent’s ability to be actively involved in the child’s life and have regular visitation.
This type of case is primarily governed by California Family Code §7501, which recognizes that a parent has the right to travel and relocate, but it also requires that the move will serve the child’s best interests.
Courts will always attempt to balance the rights of both parents equally.
The Role of Custody Type
Your existing custody order is what will determine whether you can move with your child. For example:
- Sole Physical Custody: In this case, if you have sole physical custody, you generally have the right to move, but the other parent could object if they show that the move would be harmful to the child.
- Joint Physical Custody: If you and the other parent both share custody, the moving parent must petition the court for permission before any move has happened.
A move isn’t automatically approved by the court. Instead, they will review how the relocation and the changes that come with it will affect the child’s stability, schooling, and relationship with both parents.
How California Courts Decide Move-Away Requests
In the event that a move is contested, the court will conduct a “best interests of the child” analysis under Family Code §3011, as well as key case law. The court will consider factors such as:
- How old the child is, what their emotional needs are, and their attachment to each parent.
- The reason for the relocation, for example, if it’s due to a change of jobs, for family support, or for better opportunities.
- The distance and impact on visitation schedules.
- If the parents are able to cooperate.
- How involved each parent is, and the stability of the current engagement.
Ultimately, it’s the court’s priority to make sure that the move will support the wellbeing of the child, not just the parent’s preferences.
Steps to Take If You’re Considering Moving
If you are considering moving with your child, the correct steps to take are:
- You must review your custody order to understand your rights.
- You must provide written notice to the other parent well in advance.
- Before you file any court motions, seek legal guidance.
- Do not move without permission – if you do so, it may result in contempt of court or loss of custody.
The safest way to approach this is to work with an experienced family law attorney. They can request a move-away modification through the proper legal process.
Why You Should Seek Legal Representation
Custody disputes in California are emotionally and legally complex – and a move-away case on top makes the situation even more complicated.
If you are thinking about moving out of California with your child, or you’re facing a move-away dispute, contact Scott Mitchell Law today. Our seasoned family law attorneys can present evidence, negotiate parenting plans, and protect your relationship with your child.
No matter if you’re seeking to move, or you’re opposing the relocation, we are here to help you preserve your parental rights – and, ultimately, the wellbeing of your child.