Moving out of state with your children after a divorce isn’t as simple as one would think. Legally known as a “move-away” case, California law addresses relocation that disrupts existing custody schedules or affects the other parent’s visitation rights, balancing a parent’s right to move with the other parent’s custodial rights. If you are planning to relocate out of state, understanding these requirements ahead of time could help you avoid delays and disputes.
Factors influencing the court’s decision
California family courts weigh a range of factors often referred to as the LaMusga factors, when deciding a move-away request. Key factors affecting the court’s decision could include:
- Custody type: If you have sole custody of the child, you generally have the right to relocate unless the other parent can prove that it could harm the child. If you have joint custody, you will have to prove that the relocation is in the child’s best interest.
- Reason for the move: Having a good reason such as new employment, educational opportunities or being closer to supportive family members can also influence the court’s decision.
- Visitation feasibility: The court would closely examine whether the move would disrupt the non-moving parent’s relationship with the child and whether an alternative visitation schedule can be established.
- Child’s needs: The child’s age, community connections, school stability and emotional needs can also be critical factors in the court’s evaluation.
Under California law, custody orders typically require formal written notice to the non-relocating parent at least 45 days before relocation. Moving without providing notice or before getting explicit court clearance can result in a violation of your custody order or even an immediate order to return the children to the state.
What to do before you relocate
Relocating after a divorce can be the beginning of a new chapter for many. However, failing to handle the legal framework properly could ruin your traveling plans and adversely affect your custody arrangements. To protect your parental rights and help you ensure a smooth transition, it is advised to seek legal guidance from an experienced attorney.
