Can I Move Out of California with Joint Custody?

Parents may choose to relocate out of California for a variety of reasons after a separation or divorce, a new job, a new relationship, a change of scenery, etc., but parents with joint custody of a child have legal responsibilities to factor into decisions.

Child custody decisions are made in the best interests of the children, not the parents, and this should be the primary consideration when deciding whether to relocate interstate with a child. Permission will be required either from the other parent or the Family Court to enable such a move.

The situation may become complex and adversarial if not carefully managed. Here is what you need to know.

Joint custody orders vary in the specifics, but grant both parents specific visitation and decision-making rights over a child (“physical” and “legal” custody).

Joint legal custody

In the majority of cases in California, parents share legal custody. The default position is that the involvement of both parents in matters concerning the child’s upbringing is in the child’s best interests.

So, the child’s education, religious, and healthcare decisions are generally the responsibility of both parents.

Joint physical custody

Joint physical custody is where both parents spend substantial time with the child. Physical custody orders determine the visitation rights of parents, often with clearly defined schedules and directions about whom the child normally resides with.

This common type of custody arrangement presents significant barriers to either parent moving out of California with the child, as it would jeopardize the other parent’s right to spend adequate parenting time with the child.

The general rule about relocating with a child in a joint custody arrangement is that if the distance involved would significantly impair the ability of the non-relocating parent to exercise custodial time with the child, the relocating parent must seek the other parent’s approval. An order from the court may be required, depending on circumstances.

Child custody orders protect the child’s best interests and provide equal legal rights and responsibilities to parents. Violations of such orders are serious matters that can prompt the involvement of the Family Court system in California.

If you move out of California and deny your ex-partner parenting time without their permission, this will likely be deemed adverse to the child’s best interests. It could result in the loss of custody or, in some cases, it may even be deemed parental kidnapping, a serious crime under California Penal Code Section 278.

In joint custody situations, mothers and fathers have equal rights. So, a mother has no more right to relocate interstate with the child than the father. First, permission from the other parent should be sought and amicable solutions pursued that retain the right of both parents to spend time with their child.

If a court order is necessary, speak to a qualified child custody lawyer and start building a case to prove that the relocation is in the child’s best interests.

If the other parent does not provide permission to relocate, you must receive an order from the court before moving, or you could be in serious breach of the existing order.

Ultimately, if you can show that a relocation out of California will benefit your child, you may have grounds to seek a modification of the custody order.

A modification of a joint custody order is usually more challenging if the other parent currently plays an active role in the child’s life. Anything that could impact the child’s well-being will be given priority status in such cases, regardless of the wishes of the relocating parent.

Parents who want to present a case for relocation to a judge in California should bear in mind that the following factors will be considered (amongst others):

• Their ability and willingness to maintain a connection with the other parent.
• How the move will benefit the child (education, healthcare, quality of life, etc.)
• The support mechanisms and resources the child will leave behind (friends, family, school, etc.)
• The quality of the child’s existing relationships with each parent.

If a relocating parent can satisfy the judge that the relocation is in the child’s interests, the order may be modified but the other parent will likely retain the right to parenting time. That right might need to be satisfied by the child spending school breaks or summers with the other parent, for instance.

Significant expenses are often incurred by both parents when deciding to relocate interstate with a child. There may also be a higher cost of living or extra expenses for education or healthcare to contend with, as well as higher transportation costs for parents.

The judge will factor in these financial considerations, along with the financial means of each parent and the potential impact of the costs on child support and the child’s general welfare, when deciding whether to grant a modification of a custody order.

One of the primary considerations for parents when considering a relocation with a child should be the potential impact on education.

After a marriage breaks down, stability is considered essential for the children. This includes stability in the educational environment. As such, switching schools should only be done if it does not disrupt the child or hinder academic, social or sporting progress.

The quality of the schools in the new neighborhood should be a key consideration before attempting to relocate, especially if your child needs special education services or frequently enjoys extracurricular activities through the existing school.

Because of the potential for relocation issues to cause disputes between parents in California, the laws concerning relocation with a child were recently updated. The most notable amendments were:

• Mandatory mediation: to reduce the adversarial nature of disputes and seek an amicable solution, California parents are required to enter mediation before any court hearing regarding relocation.
• Expedited court hearings for relocation cases: to reduce the time in legal limbo for children and parents, while reducing the emotional impact of prolonged litigation.
• Updated judicial guidelines: judges can follow more structured guidelines when considering the main factors and ruling on cases involving a parent’s permanent relocation with a child.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody matters. Contact us online or call 213-788-4412 today for a free 15-minute case evaluation about your case.