"Can I move away and relocate with my children if I'm divorced and currently living in California?
I'm Marshall Waller, a California family law specialist and a fellow of the American Academy of Matrimonial Lawyers.
Whether you can move away with your child in California depends primarily on two things: the existing custody order and the child's best interests under California law. If you have what is effectively sole or primary physical custody, California law generally recognizes your right to change your child's residence. However, the other parent can challenge a proposed move-away request if they believe it will be detrimental to the child.
If you share joint physical custody, a relocation more likely will be treated as a request to modify the existing custody arrangement, and California courts will closely examine what truly serves your child's best interests. In either situation, a move away is not simply, "I'm leaving and taking our child." You have to review your current custody orders, provide appropriate notice, and be prepared for the other parent to seek judicial intervention if they oppose the move.
The court will consider factors such as the child's stability, the quality of the schools, the essence of extended family or a support network, and how feasible it will be to maintain a meaningful relationship with the non-moving parent. One of the most effective steps you can take to propose a detailed long-distance parenting plan is to address holidays, school breaks, summer schedules, travel costs, and regular communications. Think ahead; make it easy for the spouse that isn't moving away to see their child continuously.
Judges are far more receptive to a relocation request when a parent demonstrates careful planning to ensure and preserve the child's relationship with both parents. Move-away cases are among the most complex and economically challenged matters in California family law, and the emotions are off the scale. If you're considering relocating with your child or responding to a move-away request, the outcome will depend heavily on your existing custody orders and the evidence presented to the court.
The judge will evaluate that evidence and will make very careful legal analysis and a decision that is consistent with the best interest of the child. That is the primary focus in any move-away case."
