Child Custody

How to Fight for Your Parental Rights When Moving Out of State

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Key Takeaways

Relocating to another state when you share custody of a child is rarely simple. What might seem like a personal or career-driven decision, like moving for a better job, can become a deeply complicated legal issue when a custody arrangement is in place. These cases, often referred to as “move-away” or “parental relocation” cases, pit competing interests against one another: a parent’s right to relocate and a child’s need for stability and continued relationships. When it comes to child custody relocation, the legal complexities become even more pronounced, as courts must carefully weigh both the reasons for the move and the potential impact on the child.

Family law courts in California treat these situations seriously, and navigating them requires a clear understanding of the legal landscape, careful planning, and often, legal counsel. Whether you’re the parent hoping to move or the one opposing the move, your rights and your child’s future depend on how you approach the process.

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When a Parent Wants to Move: The Legal Starting Point

In California, if you share custody, you can’t just pack up and leave with your child. You must either get the other parent’s consent or ask the court for permission. Even parents with sole physical custody may need court approval if the other parent objects to the move.

If you’re planning to move out of state with your child, you’ll likely need to file a “move-away request” with the family court. The court will then evaluate whether the move aligns with the best interests of the child, which is the cornerstone of all custody-related decisions.

What Courts Look For: Burgess and LaMusga

California courts follow guidelines laid out in key cases like In re Marriage of Burgess and In re Marriage of LaMusga. These cases clarified how courts should approach parental relocation requests.

  • Burgess (1996): If a parent has sole physical custody, they have a presumptive right to relocate. However, the other parent can challenge the move if they can show it would be harmful to the child.
  • LaMusga (2004): The court must consider whether the move will damage the relationship between the child and the non-moving parent and whether the relocating parent is acting in good faith.

So, even if a move is for valid reasons, like a new job or being closer to extended family, the court will still assess how it affects the child emotionally, socially, and developmentally.

How the Court Evaluates a Relocation Request

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California judges weigh many factors when considering whether to approve a relocation:

  • The child’s age, health, and ties to the current community
  • The reason for the move (is it for a legitimate purpose?)
  • The impact on the child’s relationship with the non-moving parent
    The quality of life improvements (education, housing, financial stability)
  • The history of each parent’s involvement in the child’s life
  • Whether a realistic long-distance parenting plan is possible

The decision is a balancing act, weighing the potential benefits of the move against the disruption it may cause to the child’s stability and routine.

Creating a Long-Distance Parenting Plan

Courts need reassurance that the child will continue to have meaningful contact with both parents. A strong long-distance parenting plan could include:

  • Scheduled visits during school breaks and holidays
  • Virtual calls multiple times per week
    Shared travel costs
  • A plan for maintaining school and medical records access for the non-moving parent

Without a solid plan in place, a judge is more likely to deny the relocation.

Move-away cases can become complex quickly. Timelines are tight, emotions run high, and the legal standards are rigorous.

If you’re facing a parental relocation custody battle, it’s highly advisable to consult a family law attorney with experience in these cases.

We can help

International Moves: Additional Protections

International relocation raises even more concerns, especially regarding custody enforcement. In Marriage of Condon (1998), the California Court of Appeal held that international move-away requests are subject to additional scrutiny, especially if the destination country doesn’t honor U.S. custody orders.

Courts will also look at whether the destination is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which aims to prevent parents from taking children to foreign countries to sidestep custody laws.

What If You Oppose the Move?

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If you’re the parent staying behind and want to block the relocation, you’ll need to act quickly. File a motion objecting to the move and be ready to show how it would harm your relationship with your child or affect their stability.

Evidence can include:

  • School records and letters from teachers or counselors
  • A parenting calendar showing your regular involvement
  • Expert opinions from therapists, if applicable

Be prepared to offer an alternative custody plan if the court allows the move, such as switching primary custody to you, with extended visits for the relocating parent.

How Relocation Affects Child Support and Visitation

Relocation can create ripple effects in both financial and logistical areas:

  • Child Support: If the move increases one parent’s income or adds new travel costs, support orders may be recalculated.
  • Visitation: Frequent short visits may not be realistic, so courts often order fewer but longer visits (such as over summer or winter break).

This is where compromise and flexibility are key. A well-documented plan that considers both financial and emotional impacts will carry more weight.

Legal Help in an Out-of-State Custody Dispute

Move-away cases can become complex quickly. Timelines are tight, emotions run high, and the legal standards are rigorous. If you’re facing a parental relocation custody battle, it’s highly advisable to consult a family law attorney with experience in these cases.

At Whiting, Ross, Abel & Campbell, we guide clients through every step, from filing the correct documents to crafting long-distance parenting plans that hold up in court. Whether you’re preparing to move or working to prevent one, our team understands how to present your side effectively and advocate for your child’s best interests.

If you’re dealing with a child custody relocation issue, whether in-state, out-of-state, or international, don’t navigate it alone. Contact our expert attorneys today for legal guidance backed by experience and clarity.

 

The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Whiting, Ross, Abel & Campbell, LLP if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Whiting, Ross, Abel & Campbell, LLP and may not be used without the written consent thereof.

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Ask Our Expert Attorneys

You can move out of state with your child after divorce, but you must seek permission from the court or get consent from the other parent if it affects the custody arrangement.

A long-distance move may require a modification to your custody agreement, especially if it impacts the child’s relationship with the non-moving parent or disrupts the current parenting plan.

If your ex objects to the relocation, the court will evaluate both sides and make a decision based on the child’s best interests, considering factors like the reason for the move and the impact on the child’s relationship with both parents.

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