Can I Move Out of State with Joint Custody?
If you have a joint custody agreement with your child’s other parent, you must obtain permission before moving out of state with your child. While some may rely on verbal permission from the other parent, it is safest to seek a modification of the custody agreement from the courts to ensure you don’t encounter legal issues down the road.
How Can a Joint Custody Order Limit Whether I Move Out of State?
A joint custody order is an order issued by the judge that grants both legal parents specific visitation and decision-making rights. Not all joint custody arrangements are the same, so you should be familiar with the terms of yours before making significant decisions. You can contact a child custody attorney for more information.
Two major components of child custody can significantly impact your ability to move out of state with your children.
Joint Legal Custody
In most instances, unless your parental rights have been terminated, you retain some degree of legal custody, which allows you to make decisions for your child. This decision-making power enables you to determine critical aspects of their upbringing, including education, religious affiliation, and medical decisions. However, legal custody does not determine visitation rights or which parent the child lives with.
Joint Physical Custody
Your physical custody arrangement is typically the primary factor that will present the most significant barrier to moving out of state with your child. This component of child custody determines a parent’s right to parenting time, which is the physical time spent with the child. Your agreement may have a strictly defined schedule and general guidelines, or it may be left relatively open, based on what is most appropriate for each parent and the child.
Violating a Custody Order in California Can Have Significant Legal Consequences
If you have joint physical custody of your children, the courts view each parent as equally influential in the child’s life. Simply moving with your children may be a violation of the court order if the other parent is unable to exercise their parenting time. In extreme cases, this may be considered parental kidnapping.
While you may have appropriate grounds for obtaining a custody order modification, removing your children from the other parent can damage your ability to do so. In many cases, this may even lead the judge to award primary custody to the other parent, leaving you with fewer options.
You May Seek Modification of the Custody Order By Showing That the Move Will Benefit Your Child
Obtaining a modification can be more difficult with a joint custody agreement, particularly if the other parent is actively involved. However, you can present your reason for moving in front of the judge to seek modification.
Some of what the courts consider can include:
- Your ability and willingness to maintain a connection with the other parent
- Whether the move will significantly improve your children’s quality of life
- The supports and resources your child will leave, such as friends and school
- The current relationship quality with each parent
The judge is unlikely to remove the other parent’s right to physical parenting time. Still, they may modify the agreement in such a way that the children spend school breaks or summers with one parent and the school year with the other, or a similar arrangement that focuses on the child’s welfare while allowing the other parent to relocate.
Moving Forward With Caution and Legal Guidance
Relocating out of state with joint custody is never as simple as packing up and leaving—it requires thoughtful consideration, open communication, and, most importantly, legal approval. Courts prioritize the child’s best interests and the rights of both parents, so taking the proper legal steps is essential.
If you’re considering a move, contact Berenji & Associates Divorce Lawyers to consult with a family law attorney to evaluate your custody agreement and help you pursue a lawful modification that supports your child’s well-being.
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
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