Move-Away Orders: When One Parent Wants To Relocate

Are you considering moving with your child after a divorce or separation? Or perhaps your former spouse has announced plans to move away with your children? These situations can cause stress and uncertainty, affecting parenting rights and your child’s stability, education and emotional health. In California, these situations may require a move-away order from the court. 

At Cullen Family Law Group, our lawyers understand the emotional and legal challenges involved in relocation issues like these. In every case we take on, protecting our clients’ parental rights and their children’s best interests are our priorities. Whether you want to relocate or oppose a move, our Riverside lawyers work hard to find practical solutions and reach a positive outcome.

When A Move-Away Order Is Necessary

Move-away orders are court decisions that allow or deny a parent’s request to move with their child. These orders are necessary if the move is far enough that the current custody set up or visitation schedule won’t work.

This means that a parent will need court approval to move outside California or to a place within the state, which would make it hard for the other parent to keep regular contact with the child. Even if you mainly live with the child, moving without legal permission can lead to serious issues, like changes to your custody rights.

Riverside judges consider important factors like distance, the child’s age, and their stable environment when deciding on move-away requests. Our attorneys know how Riverside judges assess these details and can assist you in making a strong case in move-away situations.

The Rights Of Parents With Primary Physical Custody

If you have sole physical custody through a final court order, you generally have the right to relocate with your child, even outside of California. However, this right isn’t guaranteed in all cases. There is a possibility that a court may stop a move if the noncustodial parent shows that:

• The move seems mainly intended to reduce the other parent’s time with the child
• The relocation would hurt the child’s emotional or developmental needs
• The primary parent has a history of blocking visitation or co-parenting
• The child has special needs that would be negatively affected by the move

Moreover, even with sole custody, you need to give proper notice to the other parent, usually 45 days before moving, and formally change custody orders for new visitation plans if needed. If the noncustodial parent contests the move, you might have to go to mandatory mediation sessions. If the dispute remains unresolved, a judge will decide if the move is in the child’s best interest. 

The Rights Of Noncustodial Parents

Noncustodial parents can object to relocation decisions that can disrupt their relationship with their child. To challenge a move, act quickly when notified. Steps include:

• Filing a Request for Order with Riverside County family court to stop the move or change custody
• Attending mediation to try to resolve the issue
• Collecting evidence showing the negative impact of the move on your child
• Suggesting alternatives that benefit your child
• Participating in court hearings where a judge considers all factors

Who the burden of proof falls on depends on your custody arrangement. If you have joint physical custody (your child spends a lot of time with both parents), the parent wanting to move must show it’s beneficial for your child. If your co-parent has primary physical custody, you must prove the move would harm your child. 

How Our Riverside Child Custody Attorneys Can Help

Relocation cases like these involve major life decisions, and they can bring intense emotions and anxieties. Our attorneys at Cullen Family Law Group have a deep understanding of California’s custody laws, and we can provide clear guidance to help you make informed choices. 

Whether you’re considering moving or responding to someone else’s move, we will help you understand your rights and find solutions that benefit both you and your child. Reach out to us by calling 951-715-4632 or by sending us your questions through our online form.