When a parent intends to relocate with their child outside of California, it triggers complex legal requirements under state law. If you or the other parent plans to move away, understand that these cases can be difficult.
The legal process of relocation
In California, neither parent may leave the state without the other’s consent or the court’s permission. The moving party must file a formal request for order (RFO). The court’s analysis begins with the nature of your existing custody orders.
If a parent with sole physical custody intends to move, they have a presumptive right to move. The non-custodial parent bears the initial burden of proving that the relocation would be detrimental to the child.
If you share joint physical custody, the court conducts a review to determine if the relocation is in the child’s best interests without presumption for either parent.
The factors considered in a child’s best interest
Under California family laws, a judge must carefully consider a wide array of factors, such as:
- The child’s stability and continuity: The court examines how much the move disrupts the child’s established routine, school, friends and community ties.
- The reason for the move: The court assesses the reason for the move to ensure it is not in bad faith to frustrate the other parent.
- The plan for maintaining the relationship: The court reviews the parents’ plans for maintaining contact despite the distance.
The court will also heavily consider your existing custody orders to fully grasp the situation and make a decision that benefits the child.
Why a strategic approach is essential
Relocation cases can be highly complex and deeply emotional. They require evidence-based arguments of why the current or proposed new environment best serves your child. Ultimately, your future relationship with your child hinges on the outcome. Given the high stakes, early intervention and legal guidance are critical to preserving your parental rights.