When moving to a new city, state, or even a different part of the country, this decision can impact the existing custody arrangement.
Relocation cases are far from simple. However, understanding how the law works and what factors influence the decision can help clarify the process. Let’s see how relocation affects child custody in California.
California’s Custody Laws and the Relocation Factor
In California, child custody decisions are based on what the court determines to be in the child’s best interests. Family law focuses on the importance of a child having a stable, loving relationship with both parents.
When one parent seeks to relocate, it can be a major change in the child’s life.
California Family Code Section 3011 specifies how the courts look at custody decisions. These can include:
- The child’s emotional ties
- Their relationship with both parents
- The stability of their current environment
When a parent wants to relocate with the child, they have to prove that the move is in the child’s best interests. Also, this relocation will not disrupt the child’s stability or bond with the other parent.
How Relocation Affects Custody and Visitation
When one parent wants to relocate with the child, they will need to go to court and request a modification to the existing custody order. If the parents cannot agree on the relocation, the court will make the final decision. Here are a few of the main factors that influence how relocation can affect custody arrangements:
The Parental Relationship
The court will consider how the move affects the child’s bond with both parents. The court may hesitate to approve the relocation if the child has a strong, stable relationship with both parents. In these cases, that could impact that connection.
Relocation Reason
The court will look closely at the need for the relocation. A new job, better living conditions, or being closer to extended family are valid reasons.
On the other hand, if the parent’s reason is due to their desire to keep the child away from the other parent or disrupt the other parent’s relationship with the child, the court may deny the request.
The Child’s Emotional and Physical Health
The child’s stability and well-being are major considerations in any relocation case. If the child is thriving in their current environment, the court may decide against disrupting that balance.
The Relocation Distance
If the parent is moving across town, that might not create a major disruption to the child’s relationship with the other parent. However, if the move is across the state or even out of state, the court may see it as a challenge. Long-distance moves can create challenges for maintaining regular visitation with the other parent.
The Non-Moving Parent’s Relationship with the Child
If the relocation allows for regular and consistent visitation or if the non-relocating parent can easily visit the child, the move may be more acceptable. However, if the move creates a situation where the non-relocating parent has limited access, that could lead to a denial.
The Legal Process for Relocation Requests
If a parent wants to move with the child, they must file a Request for Order (RFO). This asks the court to modify the custody agreement. This request must be served to the other parent. With that, they have a chance to respond. If the parents can’t come to an agreement, the court will schedule a hearing where both parents can present their arguments.
Get Legal Assistance for Your Relocation
Moving with a child can have major implications. Will this impact your current arrangements? Yes, relocation affects child custody arrangements in California. In these cases, the court’s decision will hinge on what is best for the child.
If you have questions about making a move, Roberts & Zatlin Law Office is here to help. To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.
