California relocation laws are complex. If you plan on moving out of state with your child, it’s not as easy as packing your boxes and scheduling a moving truck. You need to adhere to any custody and visitation agreements or rights when relocating:
- Far from your current location
- To another state
- To a new country
If you plan on moving from Ukiah to Irvine, the move may interfere with the other parent’s rights because you may still be in the same state, but you’re still 500+ miles away. Similarly, if you want to move to a nearby county with your child, such as from Sonoma County to Mendocino County, the move may interfere with the other parent’s rights.
Can I Move Out of the County, State, or Country Legally with My Child?
Maybe. The outcome of a move-away request will largely depend on whether the relocation will be a detriment to the child.
Having a clear shared parenting plan that gives the noncustodial parent fair time with the child, even if this means occasional visits via video calls, may help support a move-away request.
If the parents cannot come to an agreement on the move, the court may need to determine whether the relocation would be in the best interest of the child.
The move-away statute (Family Code Section 7501) gives the noncustodial parent the right to oppose the move, but this parent must show that the proposed move would cause detriment. The relocation in and of itself is not necessarily enough to establish a level of detriment that would require a change of custody.
If the noncustodial parent can show that the move would cause detriment, the court must then go through the process of determining whether a change in custody would be in the best interest of the child.
Move-away cases are complicated. An attorney can help guide you through the case and advise you on your options going forward.
What Are the Legal Requirements for Moving Out of California with My Child?
Moving out of state with your child requires you to follow the rules outlined by California and by case precedent, which usually include:
- Reviewing the judgment or custody order to determine what steps need to be taken to propose a relocation.
- Providing the other parent with written notice of your plan to move.
For example, your order may state that you have to notify the other parent of the move 45 days in advance and limit the distance that you can move.
You may be in a unique situation where the other parent does not have much contact with the child and doesn’t mind if you move. Even if the parent says that you can move, it’s always best to have a written agreement in place that the court agrees on, too.
Modifying custody agreements is never easy for the custodial or non-custodial parent.
If the other parent does not agree with you moving out of state with your child, a court hearing may be required. A judge can decide on the relocation.
What Happens at a Relocation or Move Away Hearing?
If a parent objects to the relocation, a relocation hearing may be scheduled. Both parents will be given time to gather evidence to support their claims, known as the discovery process.
The actual hearing itself should not take more than a day, although the judge may determine that more time is needed to make a decision.
While every hearing is different, they typically proceed as follows:
- The relocating parent will be asked to tell his or her side of the story first.
- Depending on the circumstances, the judge may also want to hear from the child, but this is unusual.
- The non-relocating parent will then make their case for why the move will negatively impact the child.
- The relocating parent’s lawyer will then have an opportunity to present a rebuttal. This is why it’s so important to have legal representation before you even petition for a move-away request.
Once the hearing is over, the judge will come to a decision.
When making a decision, the judge will consider several factors, including the working schedules of both parents and the child’s wishes (if emotionally mature enough to make a decision). It is possible that the judge requires further evidence before making a decision, such as by ordering a custody evaluation.
Factors That are Considered in Move-Away Cases
California courts will always put the interests of the child ahead of any other factors involved. Move-away cases require you to have the right motives to move, and the court will consider:
- Detriment to the child. Is the move in the best interest of the child, or would it cause detriment? The child’s welfare and well-being will be the court’s primary concern.
- Motives for the relocation: What is the reason behind wanting to move? If the motive is for a better career opportunity or for family support for the child, the judge will want to know.
- Relationship with the opposing parent: Children often excel when both parents are involved in raising them. The court will examine how the move will impact visitation rights, the distance between the new home and the other parent’s home and how both parents will remain in the child’s life.
- Stability and education of the child: Courts will also consider the educational opportunities in the new state as well as the stability and continuity the move will provide for the child.
- Maintenance of the child’s lifestyle: Will the move affect the parents’ ability to maintain the child’s current lifestyle and standard of living? The court will consider not only housing but also the social environment and community resources.
- The child’s preferences: In some cases, the court will also consider the child’s wishes if they are emotionally mature enough. The child’s preferences may not be determinative, but the court may give weight to their wishes when considering whether the move is in their best interest.
- The non-moving parent’s ability to continue the relationship: The court will consider whether the non-moving parent will be willing to maintain their relationship with the child despite the distance.
There is no room for error when stating your case for relocation. Working with an experienced lawyer is key to ensuring you make a strong argument for your case.
How Can a Child Custody Attorney Help You with the Relocation Process?
Moving out of state with your child is not a decision that can be taken lightly. You must make a compelling argument and prove that the move is in the best interests of the child. Not only will it impact the other parent’s relationship with the child, but it will greatly impact your child’s everyday life.
To ensure you make a strong argument during the relocation hearing, it is crucial to have an experienced child custody attorney in your corner. An attorney can help you navigate the entire process, whether you’re the custodial or non-custodial parent.
The experienced attorneys at Wine Country Family Law, P.C. can help you through the process of requesting a move away with your child.
Contact us online today or call us at 707-669-0841 to schedule a consultation.
