Moving Out of State With Children (What You Should Know)
Moving out of state with your children is a major decision that affects your entire family. If you’re considering a long-distance move, you will typically need to get permission from the other parent or the court. Modification of a child custody order will consider a child’s best interests. According to our Beverly Hills child custody lawyers, here is what you should know about a relocation or move-away case.
Providing Notice To The Other Parent
You must typically provide written notice to the other parent before your relocation. California law usually requires at least 45 days’ notice, if feasible, to allow time for mediation. You should mail the notice, with the return receipt requested, to the parent’s last known address, and a copy should be sent to their attorney of record.
Make sure you review your judgment or order about custody or visitation and follow any rules about notification. The language in your judgment may differ from the standard recommendation.
Moving Out of State With Sole or Joint Physical Custody
One of the most important factors in a relocation or move-away case is whether the relocating parent has sole or joint physical custody. In general, sole physical custody allows a parent to move out of state unless the other parent can demonstrate the move would harm the child. With joint physical custody, moving out of state is not allowed unless the relocating parent can show the move is in the best interests of the child.
Sole Physical Custody
If you have sole physical custody, you generally have the presumptive right to move with your child. However, this right isn’t absolute. If the other parent objects, they must demonstrate the move would harm the well-being of the child.
Joint Physical Custody
When both parents share physical custody, relocating becomes more complex. You’ll need to obtain either the other parent’s consent or court approval before moving. To obtain a Relocation Order, the moving parent has the burden of proving the move is in the best interest of the children. Both parents can present evidence and testimonies for the court to consider.
It’s important to note that one parent may still have the presumptive right to move, even with a joint custody order. If the child spends most of their time with one parent, the court may find that the parent has primary custody.
Factors Judges Consider in Relocation Cases
If the court becomes involved in your relocation request, several factors will influence its decision:
- Distance of the move which may affect the other parent’s ability to exercise their visitation rights
- How much time does the child spend with each parent, regardless of the custody order? This means the court can consider one parent the custodial parent even if the order states joint physical custody.
- The child’s age, educational needs, and health needs
- The child’s relationship with each parent and how these relationships may be affected by the move
- Stability, continuity, and the child’s ties to the community
- Where the child wishes to live, if they are mature enough to express a thoughtful opinion
- The co-parenting relationship and communication. The court will also consider whether the moving parent will accommodate contact
You do not need to prove that the move is necessary, but your reasons for moving may still be relevant. The overarching principle guiding the court’s decision is the child’s best interests. Each case is unique, and the court will weigh all relevant factors before reaching a conclusion.
Mediation Before Court Intervention
California law now requires mediation before a relocation court hearing. The purpose of mediation is to reduce the adversarial nature of a custody dispute and help parents resolve disputes. Reaching an agreement through mediation can also save time and reduce legal costs. If mediation doesn’t lead to an agreement, the matter will proceed to a court hearing.
Contact a Beverly Hills Child Custody Lawyer Today
Child custody in California is a complex issue. Relocating out of state with your children involves navigating specific legal requirements and considerations. If you are considering a move out of state or wish to object to the other parent’s move, a family law attorney can help. Schedule a consultation today to discuss your relocation plans and the best strategy for your situation.
For more information, contact our experienced California family lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586