What Happens If a Parent Wants to Relocate After a Custody Order Is Finalized?

What Should You Consider Prior to Moving as a Parent With a Finalized Custody Order?

Taking the opportunity to change residences can be a key step for California parents. A move may be necessary for a number of reasons, such as pursuing job offers, returning to an area with family ties, obtaining a better living situation, or providing their child with better opportunities to follow their passions or extracurricular activities. However, parents with finalized custody orders must carefully evaluate the potential relocation and consider how it could impact their child’s well-being and interactions with the other parent.

If the other parent is likely to object to the proposed move, proving to the court that the relocation is in the child’s best interests will be necessary. A dedicated child custody lawyer can guide you through the specific legal steps needed to ensure compliance with state laws and avoid serious consequences.

Where Should a Parent Start if They Wish to Move and Have a Custody Agreement?

Providing proper notification is the crucial first step for a parent who wants to relocate with their child. California law mandates that the relocating parent give written notice to the other parent at least 45 days prior to the intended move. The notice should include details about their new location, reasons for the move, and a proposed revised visitation schedule. The 45-day notice period gives the non-relocating parent time to consider the move’s implications and decide whether to confirm or object to the request.

How Can a Mutual Agreement Streamline the Custody Order Modification?

After providing notification, the relocating parent or their legal representative should attempt to obtain consent from the other parent. If both parents agree to the relocation, they can work together to modify the existing custody order to accommodate the new living situation. Changes may involve adjusting visitation schedules, transportation arrangements, and other aspects of the custody agreement. Even if the parents reach an agreement, it’s advisable to have the modified custody order documented and approved by the court to ensure its enforceability.

What Happens if the Other Parent Does Not Agree to the Relocation?

The matter becomes more complex if the non-relocating parent objects to the move. California’s legal framework for relocation cases is primarily governed by Family Code Section 7501, which establishes a “presumptive right” for a parent with sole or primary physical custody to change their residence with the child. However, this right is not absolute, and the court has the discretion to deny move-away requests if the relocation would negatively impact the rights or welfare of the child.

The process is typically more challenging for parents with joint custody who spend nearly equal time with their children. Since joint custody implies shared decision-making, a parent seeking to relocate will generally require either the other parent’s permission or a Relocation Order from the court. An objection from the other parent will usually require a court hearing to resolve.

Relocating without court approval or the other parent’s consent can have serious consequences. If a parent moves with the child without proper authorization, they may face legal repercussions, including potential loss of custody rights and even criminal charges for child abduction.

What Occurs When a Parent Seeks a Relocation Order?

If the relocation case goes to court, the judge will consider many factors to determine whether to allow the move. Crucial considerations include:

• The reason for the move: The court will assess whether the relocation is for a legitimate purpose, such as career advancement, better living conditions, or proximity to extended family
• The child’s best interests: This is the primary consideration, encompassing the child’s stability, education, emotional development, and overall well-being
• Impact on the child’s relationship with both parents: The court aims to preserve the child’s meaningful relationship with both parents whenever possible
• The distance of the intended move: Longer distances may have a more significant impact on the existing custody arrangement

What Happens During a Relocation Hearing?

If the parents cannot reach an agreement and the non-relocating parent objects to the move, the court will schedule a relocation hearing. During this hearing, both parents will have the opportunity to present their arguments and evidence supporting their positions. The relocating parent must demonstrate that the move is in the child’s best interest. In contrast, the non-relocating parent may argue that the move would be detrimental to the child’s welfare or their relationship with the child.

The court may consider testimony from both parents, expert witnesses such as child psychologists, and other relevant parties. The judge will evaluate all the evidence presented and make a decision based on what they believe is in the child’s best interest.

What Are the Potential Results of a Relocation Hearing?

The court’s decision in a relocation case can have several outcomes:

• Approval of the move: If the court determines that the relocation is in the child’s best interest, it may allow the move and modify the custody order according to the new living situation, including adjusting visitation schedules, transportation responsibilities, and communication plans
• Denial of the move: If the court finds that the relocation would be detrimental to the child’s welfare or significantly harm their relationship with the non-relocating parent, it may deny the request to move
• Modification of custody: In some instances, the court may decide to modify the existing custody arrangement, potentially granting primary custody to the non-relocating parent if it’s determined to be in the child’s best interest

Could Mediation Help Your Relocation Case?

Before resorting to a court hearing, parents may consider alternative dispute resolution methods, such as mediation. Mediation offers a collaborative approach to resolving relocation disputes, allowing parents to work with a neutral third party to develop a plan that accommodates the move while ensuring the child’s needs are met. This non-adversarial process can often lead to more amicable solutions, saving time, money, and emotional strain for all parties involved.

Why Consult With a Child Custody Attorney if You Are Seeking to Move to a New Location?

When considering relocation, it’s essential for parents to think about the long-term implications for their children in addition to the benefits of the move. Living in a new area can impact a child’s education, social relationships, and overall stability. Courts recognize these factors and will often require the relocating parent to demonstrate how they plan to mitigate any potential adverse effects of the move on the child’s well-being.

Whether through mutual agreement or court intervention, the court’s goal is to ensure that any changes to the custody arrangement continue to serve the child’s well-being while promoting meaningful relationships with both parents. No matter the situation, our compassionate and skilled family law attorneys at Hepner & Pagan, LLP can help parents navigate the process effectively and understand their rights and responsibilities under California law. To schedule a consultation to discuss a potential relocation, contact our Campbell firm through our online form or by calling 408-688-9153 today.