Trying to move with shared custody of a child is one of the most contentious issues between co-parents after a divorce. If one parent wants to start fresh or is being relocated for work but has a joint custody agreement with the other parent, the relocation must adhere to California’s parental move-away laws. This may include limitations on how far the parent can move without a judge’s permission.
When Can a Parent With Joint Custody in California Move?
California’s custody laws are strict and complex. They always put the best interests of the child first. Because of this, a parent who has joint custody of a child in California must adhere to certain legal guidelines if he or she wishes to make any life decisions that could impact the child, including a move. Without permission, a parent could be found in violation of a custody agreement and held in contempt of court – or even accused of parental kidnapping.
To move away with joint custody of a child, the parent who wants to relocate should first try to get the permission of the other parent. In general, if the move will not interfere with current custody and visitation orders, it is allowed as long as the other parent is notified about it ahead of time. If the proposed relocation is far away and will interfere with a parenting time order, however, the moving parent may need to file an official request with the courts. Reach out to our Los Angeles child custody attorneys to learn more.
Is There a Limit to How Far a Parent With Shared Custody Can Move in California?
California does not have a specific geographical limit on how far a parent with joint custody can move. Custody matters are dealt with on a case-by-case basis. In general, if the move is still within the state of California and is a reasonable distance, where both parents feel comfortable maintaining their current custody arrangement – including traveling between the homes for child pickups and drop-offs – the relocating parent will likely not need a judge’s permission.
If, however, a parent wants to relocate to a place that is far enough away from the child’s current home to potentially interfere with a custody or visitation order, such as across state lines or multiple hours away, a court order may need to be obtained before the parent can move with the child. This is known as a relocation or move-away case in California. These court cases may arise if the parent who is not moving does not feel comfortable with the distance of the proposed move.
The Relocation Process as a Parent With Joint Custody
In California, a parent who wants to move with a child must file an official move-away request with the family court that issued the original child custody order, if the move will significantly impact the co-parent’s custody or visitation rights. In this situation, the parent needs either the other parent’s permission or a signed court order from a judge to move with the child.
The moving parent must provide written notice of intent to move to the other parent in advance – usually at least 45 days before the intended move-out date. If the relocating parent has spoken with the other parent and received permission to make the long-distance move, a signed agreement between both parents can be submitted to the courts for a judge to sign off on the request.
If, however, the other parent does not agree to the proposed move, the case may have to be resolved with a court custody trial. The parent wishing to stop the relocation can give his or her reasons at a court hearing. A judge will review all of the facts of the case and make a decision based on what will protect the best interests of the child.
New California Relocation Laws as of 2024
California recently updated its parental relocation laws in an effort to make this legal process faster, easier and more streamlined for everyone. Below are a few notable changes:
- Mandatory mediation. Parents in California are now required to attend mediation with each other before a court will hear any case involving relocation. This law aims to reduce the number of family court cases each year and encourage amicable agreements between parents.
- New judicial guidelines. Judges now have a set of judicial guidelines to consider when ruling on cases requesting the permanent move of a custodial parent and child. A judge must consider the distance of the move, the reason behind the relocation and the potential effect the move would have on the child’s relationship with both parents.
- Expedited court hearings for relocation cases. Recently, California streamlined its court processes, including new laws allowing for expedited court hearings for child custody relocation cases.
Navigating the state’s custody and move-away laws can be difficult for a parent. An experienced family law attorney in Los Angeles may be necessary to help guide you through the legal process.
How to Begin the Relocation Process as a Parent With Joint Custody in California
The first step if you wish to move under a joint custody agreement in California is to talk to your ex-spouse. You may be able to avoid a lengthy and stressful court process if the two of you can come to an agreement on the proposed relocation. If the move is far enough away that it will interfere with your current custody arrangement, you and your co-parent will need to come up with a solution that works for everyone.
For example, you may need to rework your custody agreement to accommodate for longer travel distance. Rather than having the kids every weekend, for instance, it may be more reasonable for one parent to have the kids for the summer while the other has them for the school year. If you and your ex can agree on an arrangement that works for everyone, a judge will typically sign off on the move-away request without needing a trial. Otherwise, the case may have to proceed to court.
How Can a California Child Custody Lawyer Help With a Relocation Case?
Parental relocation cases can be complex. Legal advice, guidance and representation from an experienced child custody attorney in California can be crucial, especially if your move-away case has to go to court. If you and your ex-spouse cannot reach an agreement, an attorney can help you prepare you for the next steps.
A custody lawyer will maximize your odds of achieving a positive move-away case outcome. An attorney will work with you to find solutions that protect your child’s best interests while still working to achieve your move-away goals. A lawyer will understand all of California’s custody laws and how to navigate them to your advantage as much as possible.
To schedule a free consultation at Boyd Law with an attorney who has in-depth knowledge of California’s parental relocation laws, contact us at (310) 777-0231.
