Representing Parents In Move-Away Cases
Once a child’s parents have gone their separate ways, it is not unusual for one parent to want to move to accept a new job or another opportunity. Parental relocation, however, can have a serious impact on both parents’ child custody and visitation rights and responsibilities.
At the Law Offices of Susan H. Witting, I, Susan H. Witting, am a certified family law specialist with more than 40 years of legal experience. I provide parents with skilled guidance through parental relocation and interstate custody cases in Thousand Oaks.
Understanding The Laws Governing Parental Relocation
Under California law, if you are bound by a child custody order and want to move but your move would affect the order, you need a court-approved child custody modification. Whether you have primary custody or only minimal visitation time, it is important to go through this process.
Parental relocation issues can be resolved through a mutual order agreed to by the parents or by a court proceeding where a judge decides how to modify custody and visitation.
Even if you and your spouse agree on how to adapt to the decision one of you has made to relocate, it is still advisable to formalize the agreement through a new court order reflecting your agreement. It is also highly advisable to consult an experienced lawyer before agreeing to anything. I can assist you in modifying and processing your custody orders.
Interstate moves can create particularly tricky custody issues. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may come into play in an interstate custody dispute or a case where one parent wants a different state to take charge of a custody case.
Frequently Asked Questions About Parental Relocation
Here are some questions about child relocation after divorce that many clients wonder about. I am happy to answer your specific questions in an initial consultation.
How much notice must you provide if you plan to move your child out of California?
It depends on what your custody order says. If your existing order includes a notice provision, you must provide the other parent written notice at least 45 days in advance of a proposed move that would exceed 30 days.
Even if your order does not contain this specific clause, however, providing reasonable advance notice is crucial so that the other parent has time to attempt mediation or seek court intervention before the move occurs.
Does having ‘sole physical custody’ guarantee you can relocate out of California?
Sole physical custody does not grant an automatic right but, in California, it creates a presumptive legal right for the custodial parent to change the child’s residence.
To get the court to stop the child from moving, the nonrelocating parent has to prove that the move would cause significant detriment to the child.
In contrast, if parents share joint physical custody, no legal presumption applies. The court must evaluate the matter from scratch and determine what revised custody plan serves the child’s best interests.
How would a California court replace weekly parenting time if a relocation is approved?
When a long-distance move makes weekly or bi-weekly visits impractical, courts typically replace frequent brief contact with extended blocks of uninterrupted parenting time.
Restructured schedules often include:
- Extended school breaks: Awarding the nonmoving parent the majority of summer vacation, alternating Thanksgiving and winter breaks, and every spring break.
- Virtual contact: Ordering regular electronic communication (such as video calls via FaceTime or Zoom) to maintain daily or weekly connections.
- Travel allocation: Reallocating travel costs and logistics between parents (often requiring the relocating parent to cover or offset airfare or travel expenses).
I can help you develop a fair parenting schedule that promotes your kids’ best interests.
Contact A California Interstate Custody Attorney At 805-409-4138
My office is conveniently located right off the 101 freeway in Thousand Oaks, with plentiful free parking. If you need assistance with a child custody issue, do not hesitate to call me at 805-409-4138 or e-mail me to schedule a consultation.