One of the most emotional and difficult issues parents face after separation or divorce is whether one parent can relocate with a child. Whether the move is across town, to another county, or across the country, relocation often raises concerns about preserving the child’s relationship with both parents.
Many parents mistakenly believe that the parent with primary custody can move wherever they choose, or that the other parent can automatically prevent a move by objecting. The reality is much more nuanced. California law requires courts to balance a parent’s right to relocate with the child’s need for stability and ongoing contact with both parents.
If you are considering relocating with your child—or your co-parent informed you that they intend to move, it is important to understand how California courts analyze these cases.
What Is a Move-Away Case?
A move-away case arises when one parent wishes to relocate with a child in a way that would significantly affect the existing custody or visitation arrangement.
Not every move requires court intervention. A move within the same city may have little impact on parenting time. However, moving several hours away, to another state, or internationally often requires modification of the custody order.
The central question is always, “What arrangement is in the child’s best interests?”
The Parent With Primary Physical Custody Does Not Automatically Have the Right to Move.
After a Judgment of Dissolution or Determination of Parentage, California recognizes that a parent with primary physical custody generally has the right to determine the child’s residence. However, that right is not absolute.
In In re Marriage of Burgess, the California Supreme Court held that a parent with sole physical custody ordinarily has the presumptive right to relocate with the child. However, the non-moving parent may ask the court to modify custody if the proposed move would be detrimental to the child. This is a high burden that is difficult to overcome.
In other words, the court does not simply decide whether the move is fair to the parents. Instead, it evaluates whether the move would negatively affect the child’s welfare to such an extent that changing custody would better serve the child’s interests.
What If the Parents Share Joint Physical Custody?
Move-away cases become more complicated when parents share joint physical custody.
Unlike cases involving sole physical custody, there is no presumption favoring the relocating parent. Instead, the court conducts a fresh analysis to determine what custody arrangement would serve the child’s best interests if the move occurs.
This means that neither parent begins the case with an advantage.
Factors California Courts Consider
Every family is unique, and there is no single factor that determines the outcome. Courts typically consider the totality of the circumstances, including:
- The child’s age.
- The child’s relationship with each parent.
- The child’s need for stability and continuity.
- The distance of the proposed move.
- The reasons for relocating.
- The ability of each parent to meet the child’s needs.
- The parents’ history of co-parenting.
- Whether either parent has attempted to interfere with the other’s relationship with the child.
- The feasibility of maintaining frequent and meaningful contact with the non-moving parent.
- Any history of domestic violence or substance abuse.
Older children may also express a preference, although the child’s wishes are only one factor among many.
The Importance of Good Faith
Courts closely examine why a parent wants to relocate.
Legitimate reasons often include:
- A better employment opportunity.
- Educational opportunities.
- Being closer to extended family.
- Remarriage.
- Lower cost of living.
- Improved quality of life.
Conversely, a court may view a move more skeptically if it appears designed primarily to interfere with the child’s relationship with the other parent. The court is interested in whether the move is made in good faith, not whether it is the perfect decision.
The Child’s Relationship With Both Parents Matters
California public policy favors frequent and continuing contact between children and both parents whenever appropriate.
That does not mean every move will be denied. However, if relocation would significantly impair a healthy relationship between the child and the other parent, the court will carefully consider whether modifying custody is necessary.
The question is not simply whether travel will become inconvenient. Rather, the court considers whether the child can realistically maintain a meaningful relationship with both parents after the move.
The California Supreme Court’s Guidance
The California Supreme Court further clarified move-away law in In re Marriage of LaMusga.
The Court explained that trial judges should evaluate numerous factors rather than relying on any rigid formula. These include:
- The child’s interest in stability.
- The distance of the move.
- The age of the child.
- The child’s relationship with each parent.
- The parents’ ability to communicate and cooperate.
- The wishes of mature children.
- The reasons for the move.
- The extent to which custody sharing currently exists.
Because every family’s circumstances differ, move-away cases are among the most fact-intensive matters heard in family court.
What Should You Do Before Moving?
If you are considering relocating with your child:
- Review your custody order carefully.
- Speak with an experienced California family law attorney before making commitments.
- Avoid purchasing a home or accepting employment before understanding your legal obligations.
- Document the reasons for the move.
- Develop a realistic parenting plan that preserves the child’s relationship with the other parent whenever possible.
If the other parent announced plans to move:
- Do not wait until moving trucks arrive.
- Consult counsel promptly.
- Gather evidence regarding your involvement in the child’s daily life.
- Focus on the child’s best interests rather than your disagreement with the move itself.
Every Move-Away Case Is Different
There is no automatic answer in a California move-away case. While parents often search online hoping to find a rule that guarantees victory, the law simply does not work that way.
Courts evaluate each family’s unique circumstances, carefully balancing a parent’s legitimate reasons for relocating with the child’s need for stability and meaningful relationships with both parents.
Because these cases can permanently reshape a family’s future, obtaining experienced legal guidance early in the process is essential.
We Can Help
Whether you are planning a move or seeking to preserve your relationship with your child, understanding your rights before taking action can make a significant difference.
At The Soleymani Law Firm, we help parents navigate complex custody disputes, including relocation and move-away cases throughout California. If you have questions about your situation, contact our office to schedule a consultation and discuss the options available to protect your child’s best interests.