The journey to finalizing a divorce and child custody matters is long, but it can bring peace knowing it’s done. However, the legal process concerning your children doesn’t end there. Life gets in the way. Circumstances change and you may need to pivot. This can bring relocation into question: Can I relocate with my child to another state out of California?
The state has specific rules regarding moving your children a significant distance, especially out of state, away from their other parent. It’s important to understand these rules to avoid potential legal complications and jeopardize your custody arrangement.
Is it in the child’s best interests?
In California, any decision regarding child custody, including relocation, must be based on what is in the “best interests of the child.” This is, if not the only, paramount concern of the court when it comes to your little ones.
When considering a parent’s request to relocate with a child, the court will typically evaluate various factors, including:
- The child’s relationship with each parent: The court will consider the strength and nature of the child’s bond with both parents.
- The child’s ties to the community: This includes the child’s school, friends and extended family in their current location.
- The reason for the proposed move: The court will look at the relocating parent’s motives for moving. They will also check whether the move is genuinely in the child’s best interest.
- The impact of the move on the child’s relationship with the non-relocating parent: The court will consider how the move will affect the child’s ability to maintain a relationship with the other parent.
- The child’s wishes (depending on their age and maturity): If the child is old enough and mature enough to express a preference, the court may consider their wishes.
There are different legal procedures depending on whether there is an existing custody order. If there’s a custody order, the relocating parent generally needs to obtain permission from the court to move the child out of state. This usually involves filing a Request for Order with the court.
What happens if there isn’t a court order
If there is no custody order, the relocating parent may have more flexibility. However, it’s still not a guarantee that the other parent won’t challenge the relocation. Consider seeking a legal professional with experience in child custody to help with the decision to move away with your child/ren.