A long-distance move can complicate a child custody arrangement. A parent cannot simply move to another location without updating the custody order. This applies whether you already have a custody order or are newly separated. Here are some things you need to understand before relocating:
Change the custody order before relocating
Under California law, the parent with physical custody the child should give a 45-day written notice to the other parent before moving. Thus, you should get a court’s approval before relocating. This ensures that it will not disrupt your current parenting schedule.
How California move-away laws work
The court’s primary concern in a move-away case is the child’s best interest. The court will likely allow you to move if you have sole physical custody unless it would harm your child. In joint custody, however, you must prove the move is in your child’s best interest. The court might also consider the distance of the new location and how it will impact your child’s relationship with the other parent.
Consequences of moving without permission
If you move without the court’s approval, your spouse may ask the court to enforce the custody order. When that happens, you might find yourself in contempt of the court, and you may have to pay hefty fines or go to jail. In extreme cases, it can lead to civil or criminal penalties. Additionally, the court may even transfer custody to your spouse.
Steps for parents facing a move
If you need to move, check your custody order for relocation notice requirements. Try to reach an agreement on a new schedule. If you reach an agreement, present it to the court; if not, file a request and let a judge.
If you oppose a move, file a court request to block the move and adjust. If a move is imminent without your consent, seek an emergency court order to stop it.
If you are making a new custody plan, include rules about future moves to avoid problems later.
Get legal guidance and take care of yourself
Navigating custody and relocation laws can be overwhelming. Consider talking to a family law attorney to help you understand your rights. They could also help you avoid costly mistakes and protect your relationship with your child.
Know that you don’t have to go through this alone. You can make it through custody changes with the correct information and support.