Compassionate, experienced family
When a parent in California decides to relocate, the court could modify the child custody order depending on how far they are moving. Usually, the move would need to create some sort of disruption in the existing parenting plan for the court to consider it. If you are planning to relocate, here’s what you need to know.
When parents are divorcing or separating, they must decide where their child will stay, the non-custodial parent’s visitation rights, how to make important decisions for the child, etc. Child custody orders also take into account the unique needs of each parent, which in turn makes it easier for them to perform their duties. California family courts oversee these agreements, making them legally binding.
It’s not typical for a judge to modify child custody just because one parent decides to relocate. What’s relevant in this decision is not how far a parent is moving, but rather the move’s disruption to the non-custodial parent’s visitation rights and whether that will negatively affect the child. Therefore, even if the move is only, for example, 30 miles or so from the current location, the court can consider it a move-away if it affects the custody agreement.
Here are some of the factors that courts may consider regarding a relocation request:
The court may deny a relocation-related custody modification request if it’s contrary to the child’s best interests or significantly impacts the rights of the other parent.
We represent clients in Orange County and Southern California in all types of family law matters involving divorce, mediation, property division and issues involving children. Call our Fullerton office at 714-680-9777 or use our online contact form to schedule a free consultation. We ensure a 24-hour response to all inquiries.
© 2024 The Law Offices of Ronda A. Middleton • All Rights Reserved.