Parents typically have legal authority over their children. They can make decisions about their upbringing, including where they live and where they attend school. However, there are circumstances that can somewhat limit a parent’s authority, such as sharing custody after a divorce or separation.
When parents share parenting time and decision-making authority, they both have certain limitations imposed on their parental rights. One parent may not be able to make a decision to relocate with the children without getting approval in advance, especially if they intend to move out of California or hours away across the state.
Parents subject to custody orders may have to secure consent from the other parent or approval from the courts to move with the children. When is such permission necessary?
When a move may affect shared custody
A parent moving house to a different neighborhood or possibly a nearby town while staying in the same county likely does not require pre-approval for a move with the children. So long as the proposed relocation is unlikely to have any significant impact on the custody arrangements, parents do not have to secure permission in advance.
However, if the move involves a significant enough distance to impact custody exchanges or the division of parenting time, then pre-approval may be necessary. The parent hoping to move typically needs to provide 45 days’ advance notice to the other parent if the distance is significant.
Should the other parent agree that the move is appropriate and beneficial, then they can request an uncontested modification to make adjustments to their parenting arrangements. If the other parent objects to the move out of concern for the impact it could have on their custody rights, then the matter may need to go before a judge.
Parents dealing with controversy related to a proposed move may need to demonstrate that there is a genuine reason for the move and that the move should be beneficial for the children. A judge generally reviews the situation with a focus on what is in the best interests of the children.
Those hoping to move to a new location to pursue employment, affordable housing or closer family connections may need help addressing the child custody implications of their relocation. Learning about California’s laws can help parents navigate complex custody matters accordingly.
