Fraud Blocker
×

What Are the Odds of Winning a Relocation Case in California? 2025

Home /  Blog /  What Are the Odds of Winning a Relocation Case in California? 2025
Quinn & Dworakowski LLP
By | By Quinn & Dworakowski LLP |

Once child custody is set, both parents are expected to follow parenting plans and other court orders. Job relocations and other factors may mean that one parent has to consider relocating to another county or state. If you are facing this possibility, you are likely wondering, “What are the odds of winning a relocation case in California?” Understanding your eligibility to move and potential consequences can help you make informed decisions about your child custody case.

How California Courts Handle Relocation Requests

Relocation cases in California often arise when one parent wants to move with a child and the other parent objects. These can be legally complex and emotionally complicated cases that can have long-term consequences for both parents and the child. While there’s no readily available data on what percentage of parents win these types of cases, the outcomes typically depend on the specific circumstances of each family and the existing custody agreement.

In general, courts consider whether the proposed move supports the child’s well-being, stability, and emotional development. If the parent requesting the move has sole physical custody, the court may approve the relocation unless the other parent can prove it would harm the child. Divorce decrees often include language about whether the primary caregiver can move with the child or not.

If both parents share custody, the court looks more closely at how the move will impact the child’s relationship with each parent. Judges are less likely to approve moves when they significantly reduce contact with the non-moving parent.

Parents are expected to abide by the terms of the divorce decree, and modifications can be difficult. Judges in family courts like the Stanley Mosk Courthouse in Los Angeles and the Lamoreaux Justice Center in Orange County regularly review relocation petitions tied to these concerns.

Work-Related Moves and Court Consideration

As of 2021, 32.5% of individuals who moved to the U.S. did so for a new job or job transfer. This means many parents who seek relocation are doing so for employment-related reasons. This is an important factor the courts weigh. However, a better job offer alone is not enough. The court must be convinced that the move offers tangible benefits to the child, not just the parent.

That could include better schools, a safer neighborhood, or improved financial stability. For example, some parents may cite a job opportunity at a major California employer like Kaiser Permanente, which has regional offices throughout the state and offers strong salary and benefit incentives.

Statewide Trends and Custody Context

California has experienced significant outbound migration in recent years. Between 2022 and 2023, approximately 690,100 people left California, according to census data. While many of these moves involve single adults or couples without children, a notable portion also includes families navigating custody arrangements. In these cases, relocation disputes often emerge when one parent wants to follow a job, support network, or lower cost of living elsewhere.

Adding to the complexity of the state’s fluctuating population, 22.5% of children in California live in single-parent households. Many relocation requests come from these single-parent families seeking better opportunities or support systems.

The presence of an involved co-parent can limit the likelihood of a successful relocation. If one parent moves with the child in violation of a court order, the child can be forcibly returned to the county that has jurisdiction over the case.

FAQs

How Hard Is It to Win a Relocation Case?

Winning a relocation case can be difficult because courts focus on the child’s stability and well-being. The moving parent must prove that the relocation supports the child’s best interests. Judges examine school continuity, family ties, and impact on the nonmoving parent’s time. Each case is fact-specific, and preparation is key when arguing for or against a major residential move.

What Happens If a Parent Moves a Child Without Permission in California?

If a parent relocates a child without court approval or in violation of a custody order, it is considered a serious offense. The court can order the child to be returned to the original county, and the parent may face legal consequences, including contempt of court or custody modification. California law allows courts to act quickly to restore jurisdiction and protect the rights of the nonmoving parent.

How Hard Is It to Get a Move-Away Order in California?

In California, getting a move-away order depends on your custody arrangement and the impact of relocation. If you share joint custody, you must show that the move will benefit the child. If you have sole physical custody, you have more leeway, but the other parent can still object. Courts assess many factors before approving or denying the request.

How to Win a Move-Away Case in California?

To win a move-away case, you must show that relocation serves the child’s best interests. Provide evidence that the new location offers better education, support networks, or stability. Be prepared to present a parenting plan that allows the other parent meaningful time. Judges will consider your reasoning, planning, and willingness to foster continued relationships with both parents.

Why Would a Judge Deny Relocation in California?

A judge may deny relocation if it disrupts the child’s stability, weakens the bond with the other parent, or lacks a solid reason. If the move appears to be motivated by revenge or would harm the child’s well-being, courts are unlikely to approve it. Relocation cases are closely examined, and weak evidence can result in a denial.

Schedule Your Child Custody Relocation Consultation Today

Relocation cases in California are never easy, especially when they involve major changes to a child’s routine or relationship with a parent. Whether you’re hoping to move with your child or opposing a move-away request, success depends on careful preparation and a strong legal strategy.

At Quinn & Dworakowski, LLP, we help parents navigate these cases with clarity and focus. Our career family law attorneys stand ready to help you achieve your goals in court. Schedule your consultation today to better understand your options and protect what matters most: your relationship with your child.

About The Author

Stephane Quinn

Attorney Stephane Quinn is an experienced divorce and family law attorney and Certified Family Law Specialist (California Bar Board of Legal Specialization). As founding partner of Quinn & Dworakowski, LLP, he focuses on fathers' rights, complex custody cases, and high-asset divorces. Admitted to the California Bar in 2010 (SBN #278188), he has been recognized as: Super Lawyers Rising Star (Since 2017) Cum laude graduate from California State University, Long Beach Juris Doctor from Fowler School of Law in Orange Fluent in French, Attorney Quinn aggressively protects clients' rights in Orange County family courts.

Schedule Your Case Strategy Consultation

"*" indicates required fields

Fields Marked With An “*” Are Required

I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.
contact us (949)660-1400

Recent Posts

Categories

Archives