When parents divorce or are no longer together, issues around child custody and visitation can become complex. One particularly challenging issue is when a parent wants to relocate out of state with their children. If you’re in California and facing this situation, it’s important to understand the laws and procedures that govern relocation disputes.
Understanding California’s relocation laws
A parent cannot simply move out of state with their children without addressing custody and visitation rights. According to the California Family Code Section 7501, a parent who has sole or joint physical custody must get written consent from the other parent or court approval before relocating with the child.
If the non-relocating parent objects to the move, the court must decide whether the relocation is in the best interest of the child. The parent requesting the move must prove that the relocation would benefit the child.
Factors that influence the court’s decision
California courts consider several factors when deciding if a parent can relocate with a child. These include:
- The child’s age, health, and emotional ties to both parents.
- The relationship between the child and the parent requesting the move.
- The reasons for the relocation, such as better job opportunities or family support.
- How the move would affect the child’s relationship with the non-custodial parent.
The court’s goal is to ensure that the child’s best interests are met. If the move would disrupt the child’s life or relationship with the other parent, the court may deny the relocation request.
The role of the non-relocating parent
As a non-relocating parent, it’s important to understand your rights if the other parent wants to move with the children. You may object to the move, and the court will hold a hearing to evaluate the situation. Be prepared to provide evidence that the relocation would negatively impact your relationship with the child. The court may require a detailed parenting plan outlining how both parents will stay involved in the child’s life after the move.
Understanding the laws surrounding relocation disputes can help you navigate these difficult decisions and protect your child’s best interests.
