California, the Golden State, recognizes both parents’ significant role in a child’s life, even after separation. The laws encompass the right to maintain a meaningful relationship with the child, regardless of where the parents reside. However, when a parent decides to relocate, a question arises — how far can a parent move with joint custody in California?
The parental move is essential to consider in successfully navigating the legal landscape. Luckily, in this post, you can learn everything you need about making co-parenting decisions without impacting custody arrangements in the state.
How Far Can a Parent Move With Joint Custody in California?
The dynamic of today’s family life often involves shared custody arrangements. Whether you are considering moving or opposing relocation, you must familiarize yourself with the laws in the state. So, how far can you move with joint custody?
According to the laws, there is no set distance that a parent can move without triggering a move-away case in the state. Any move that you make that can disrupt the custody arrangements requires consent or a move away court order from the California court.
The court prioritizes the child’s needs and best interests in the Golden State. They take several factors into account, all of which we will discuss below. You may also want to consult a family law attorney for professional advice about your unique situation.
Factors Considered in Parental Relocation With the Minor Child(ren)
Parties may have sole physical or joint physical custody; and sole legal or joint legal custody. Physical custody adverts to where your child lives, whereas legal custody involves decision-making regarding the child’s health, education, and welfare.
In the same way, joint custody agreements also require mutual consent and court approval to relocate children. If you (or the other parent) want to move a significant distance away, you may need to ask for a court order.
When evaluating relocation requests, the court considers the child’s best interests. They also weigh various factors to determine whether the move warrants changes in custody arrangements and whether it would significantly disrupt their life.
The factors they consider include:
- Relationship between parent and child – the court determines whether a significant move could negatively impact a strong bond between the child and the non-relocating parent. They consider whether a modified plan will impact their meaningful relationship.
- Impact of relocation on child’s well-being – the court evaluates how the proposed relocation may impact the child’s emotional, educational, and social stability. These include schooling and access to healthcare.
- Distance of proposed move – this is not a dealbreaker, but a greater distance can make regular visitation more challenging. While there is no specific distance limit, courts assess the implications of the distance on the ability of both parents to maintain a meaningful relationship with the child.
- Reason for relocation– the court carefully evaluates the motivation behind the relocation. In some cases, valid reasons may be advantageous against the potential impact of the relationship with the non-moving parent.
Other relevant factors
The California court may consider additional factors, such as the child’s age, relationship with each parent, the history of parental cooperation (co-parenting), and any history of domestic violence when determining relocation of the child.
Legal Process for Parental Relocation
Relocation request
If you plan to move with your minor child, you must meet appropriate requirements so the judge can order your request. While the court cannot prevent you from moving out of the state, moving with your child is restricted by your custody order.
So, can a custodial parent move out of the state of California? California law presumes a move will disrupt a child’s life with joint custody. This means the parent seeking the move has the burden of proving it’s in the child’s best interests.
If you want to move with your child but it will affect the existing parenting plan, you must seek modifications. As the parent who plans to relocate, you typically must file a ‘move-away request’ within your local family court.
The state of California requires you to share your intention with the other parent in a written form, if feasible, at least 45 days or more before the move, or pursuant to any custody order in place. The California court will then schedule a hearing date.
This time frame enables you and the other parent to discuss relocation terms and negotiate custody matters. If the other parent agrees in writing that you can take the child with you, you won’t have to file a request.
Relocation outcomes
If the other parent disputes the move, they must file an objection. The court will take into account both arguments and make a decision that is best for the child. To increase the chances of approval, you must demonstrate valid reasons for the relocation.
If you are the relocating parent, you must demonstrate that the changes in the parenting plan are for the child to have a better life, or how it would not be detrimental to the other parent’s relationship with the child. You also need to propose revised custody and visitation plans, taking into account the distance, transportation and potential costs of visits. Sometimes the move requires extensive travel time whether by car or plane. Will that be feasible for a party to pay or join? Is the child’s age a factor in travel, i.e. many hours driving in a car seat to and from visits?
The other parent will have to demonstrate if and how the move will negatively affect the minor child. The court may also ask for their opinion if the child is old enough (typically over 12 years).
Based on the California Family Code Section 3040, the judge makes a decision promoting the child to have “frequent and continuing contact” with both parents. If one parent relocates without court approval, they may face legal consequences.
Court involvement
As parents, you can go through mediation and negotiation processes attempting to reach a mutually acceptable agreement. If you cannot reach an agreement, you may proceed with the matter in court, where a judge will evaluate your case, and take into consideration the mediator’s recommendations.
You may need to present evidence, testimony, and legal arguments. Potential outcomes include granting or denying the relocation request, implementing modified custody arrangements, or imposing conditions protecting the child’s interests. This can be difficult to do without the representation of a skilled Family Law attorney.
Conclusion
Move-aways are an intricate family law issue in California. Understanding the legal process is essential if you plan to embark on this journey. So, how far can a parent move with joint custody in California? Although there’s no set distance that the parent can move without disrupting the joint custody, you may need to request court approval if you plan on moving miles away.
Parental relocation requires understanding the legal requirements and the factors we explained in the post above. Staying informed and prepared can help you efficiently navigate relocation and prioritize your child’s well-being.
Remember: Every situation about joint custody in California is unique, so it is best to consult with a qualified divorce lawyer for specific advice regarding your situation.