When divorced parents share custody of a child, parent relocation can be a tricky issue. If a parent needs to move, and the move disrupts the current custody arrangement, then the parents will need to acquire a new custody order and new visitation arrangements. In California, if a custodial parents wants to move away with the child, they cannot move without the consent of the non-custodial, as well as a 45 day notice to the non-custodial parent. The purpose of this rule is to ensure the relationship between the child and the non-custodial parent is preserved.
When a divorced parent wants to move away with a child, the first thing they will have to do is petition the court and ask permission to move. If the other parent does not file an answer, the custodial parent can make a motion for a default judgement in their own favor to approve the move. If the non-custodial parent does not approve the move, there will be a hearing where the non-custodial parent will have to prove that the relocation will be detrimental to the child.
What kind of custody arrangement exists is also important. If the parents share joint custody, then both parents have equal decision-making power for the child. This means that it is not necessary to show a change in circumstances, and an evidentiary hearing will be held regardless. If a parent has sole custody of the child, then they have the “presumptive right” to move away with the child. If the other parents protests the move, then they will have to show that the relocation is detrimental to the child in an evidentiary hearing.
In a hearing, the judge will view evidence and hear testimony from parents, child custody evaluators, and anyone with information pertinent to the child’s best interests. The court will weigh many factors before approving a move of a child and parents, including:
- The distance of the move
- The child’s age
- The child’s relationship with both parents
- The relationship between the parents, for instance how accommodating they are with each other, how well they communicate, and whether or not they are likely to put their child’s best interests ahead of their own
- The child’s preference, if the child is 14 years old or older and is mature enough to make a decision
- The reason for the move
- The ability of the child to maintain a stable environment after the move, including their relationship with each parent, relationships with friends and family, and community activities
It should be noted that the court cannot prevent a parent from moving on their own. It is a parent’s right to move when and where they want to, but if they wish to bring their child or adjust a child custody order, then they will have to ask the court’s permission. Issues like these can vary greatly depending on each family’s specific situation; divorced parents who need to move with their child should always consult with an attorney for specific information.
