Puja Sachdev | January 6, 2025 | Child Custody
Child custody disputes are among the most contentious family court cases. Parents dispute custody terms for many reasons. One parent may genuinely believe their child would benefit more from their sole custody and care. On the other hand, a parent may dispute custody to hurt their ex-partner or to gain leverage in property distribution and alimony matters.
In other cases, a parent may move children outside California to influence custody decisions. They may want to restrict visitation with the child or desire a different state because of its child custody laws.
Whatever the reason is, a parent could get into legal trouble if they move their child out of California to influence custody matters. They may also lose custody if a judge determines their actions were detrimental to the child’s well-being.
Can a Parent Move Their Child Outside of California if the Courts Are Not Involved Yet?
According to California Family Code §3010, parents share equal custody rights to their child. You cannot remove a child from the state without violating the other parent’s custody rights. Therefore, if you want to relocate out of state with your child, you must have the other parent’s approval or a court order approving the move.
If a parent does not have consent from the other parent or a court order sanctioning the move, the court may order the parent to return the child to California. If the parent refuses to return the child, they could be charged with parental kidnapping.
When a custodial parent wants to move out of the state with their child, they must petition the court for a relocation order. If you are a non-custodial parent, you must petition the family court for a change in custodial rights and then request a relocation order.
Petitioning the Court for a Relocation Order in San Diego, CA
You may need to fight your ex-partner if you want to relocate with your child to another state. If your ex opposes the relocation, you will have the burden of proving to the court that the relocation is in your child’s best interest.
Factors judges consider in child relocation cases include, but are not limited to:
- The reason you want to relocate with your child
- The current custody arrangement
- The distance you intend to move your child from their other parent
- The bond the child shares with each parent
- The child’s emotional, physical, and educational needs
- The child’s age
- The child’s reasonable preferences for where they want to live given their age and maturity
- The relocating parent’s willingness and ability to maintain lines of communication with the other parent
- Whether the relocating parent can put their child’s interests ahead of their own for visitation and communication
- The environment of the new home and whether it provides the continuity and stability the child needs
- Any harm the relocation will have on the child
Judges may consider other factors relevant to determining the child’s best interests. The child’s best interests must be balanced with a parent’s need to relocate. Hence, your argument for approving a relocation with your child must also include a sound reason for uprooting your child and moving them away from their other parent.
Increase Your Chance of Court Approval for a Child Relocation Petition
California courts consider petitions for relocation on a case-by-case basis. Every family’s situation is unique, so a judge must consider all factors to determine whether the relocation will benefit the child or could be detrimental to the child.
Three important elements for a successful child relocation case are:
Provide a Compelling Reason for the Move
Moving because you want a chance of scenery is unlikely to gain court approval, especially if the move disrupts your child’s relationship with the other parent. Reasons the court may consider valid for a relocation include:
- You are moving to a new job that will provide additional financial stability for your family.
- The move is so you can care for elderly parents or a disabled family member.
- You are moving because you or your child need specialty medical care available at the new location.
- You remarried, and you are moving in with your new spouse.
- The move is necessary to protect you or your child from the other parent.
If you can show the move benefits your child, you are more likely to receive approval for the move.
The Move Benefits the Child’s Best Interest
The court’s primary concern is that a move benefits the child’s interests. Focus on aspects of the move that benefit the child (quality health care, better educational opportunities, extracurricular opportunities). Highlight how the move will improve your child’s quality of life, stability, and safety.
Maintaining the Child’s RelationshipWith Their Other Parent
The court is also concerned with your child’s relationship with the non-relocating parent. You need to propose a detailed plan for allowing visitation with the non-relocating parent. For example, you can use virtual communication to bridge this distance.
Explain how travel arrangements can be handled and who will pay for travel. Maximize visitation with the child’s other parent during school breaks, holidays, and long weekends.
Contact Our Family Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
