When can a parent with shared custody move away with their child?
There are countless reasons why someone with shared custody in the San Diego area might want to relocate. Cost of living is certainly a factor. What may have been comfortable for the family with two wage earners in the household may now be unreasonable for someone to manage on their own, even with child support payments.
Other times, it may be a lack of friends and family in the area or a job opportunity elsewhere that drives someone’s desire to relocate. However, those bound by a custody order in California cannot simply pack up their children and leave the city, county or state. Relocation requests generally require court approval and/or the cooperation of the other parent.
How the move-away process works
If one parent wants to relocate and take the children with them, they will generally need to provide advance notice both to the other parent and to the family courts. Sometimes, both parents will recognize that the social or financial circumstances make the move necessary. If the parents can cooperate, then the relocation request will be an uncontested one, which means that the courts will basically review the situation and make some changes to the existing custody arrangements. In a situation where the parents do not agree about the necessity of the move, then the matter may require a hearing in front of a family law judge.
During that hearing, the judge will look at the current parenting plan, the distance of the move and the justification for the relocation. Everything from social support to housing and schools may influence what a judge decides is ultimately in the best interests of the children. Although they do typically seek to preserve the rights of both parents, they may grant a move-away request and make significant revisions to the custody order if that will be the best outcome for the children in the family.
Whether a parent intends to request a relocation for themselves or contest a relocation request made by their co-parent, they will usually need evidence showing that their preferred outcome would be in the best interests of the children. If the matter goes to court, there’s never any guarantee about how a judge will rule. Understanding what happens during relocation or move-away requests in California custody cases may help parents to advocate for their relationship with their children more effectively.
