Can a Family Court Judge Deny a Relocation in California?

Relocating with a child is a sensitive and challenging scenario, especially when moving across states. “Can a family court judge deny a relocation in California?” is a critical question that many parents face when contemplating a move that affects custody arrangements. In California, family court judges have the discretion to deny a relocation whenever it is not in the interest of the child.

Understanding the legal framework and the factors influencing a judge’s decision is crucial for both parents involved in a potential relocation dispute.

Legal Framework for Relocation in California

Generally, a court order or custody agreement specifies the custody arrangements in California, including whether one parent has primary physical custody or joint physical custody with the other parent. A relocation request is directly impacted by the kind of custody agreement.

• Sole Physical Custody: If one parent has sole physical custody, they generally have more flexibility to relocate with the child. However, they must still provide notice to the non-custodial parent and, in some cases, obtain court approval.
• Joint Physical Custody: When parents share joint physical custody, relocating with the child requires either mutual consent or a court order. The court will scrutinize the proposed move to ensure that it serves the child’s interests.

A parent seeking to relocate must notify the other parent of the proposed relocation, typically at least 45 days prior to the relocation. The non-relocating parent is then given the ability to object to the relocation, at which point the matter is decided by the court.

The Child’s Interest

The ultimate issue in any relocation case is the children’s interests. In California, courts will weigh multiple factors in deciding a relocation case, including whether the proposed move is in the children’s interests. These factors include:

• Age and developmental requirements of the child
• The distance that the relocating parent will be moving
• The relationship between the child and both parents
• The rationale for the suggested change
• The effect on the child’s social and academic life
• The capacity to keep up a relationship with the parent who is not relocating

Factors That May Cause a Relocation Request to Be Denied

A judge may deny a move request for several reasons, including:

Harms the Child’s Stability

A judge might deny a relocation because the move would seriously interfere with the child’s stability and continuity. All other principles aside, courts prefer to keep a sense of normalcy for the child, especially if moving will create new and possibly disruptive issues related to schooling, peer friendships, the level of supervision available, and routine.

Overall, if a relocation would uproot the child from a healthy home life and present serious risks of harm and disadvantage to the child, the court might not permit the move.

Impairs the Relationship With the Non-Moving Parent

A second key consideration is the effect on the relationship between the child and the non-relocating parent. Judges recognize the importance of maintaining strong, ongoing relationships with both parents. If the move would hinder meaningful contact between the non-relocating parent and the child to the point of virtually eliminating it, the judge may deny the move.

The court will determine whether a reasonable visitation schedule can be arranged. It will also decide whether the move is being carried out by the custodial parent with – or without – the intent to hinder the non-custodial parent’s bond.

No Good Reason for the Move

The court will also want to know why you want to relocate. A judge is much more likely to approve the move if it’s being done for good reason. This would include a new job, going to school, or simply moving closer to your other family members, who are looking forward to being closer to the children. However, the motion is likely to be turned down if the judge finds that the action was taken in bad faith, is only punitive, or lacks any genuine justification.

The Child May Not Want to Move

Finally, depending on the child’s age and maturity, their preferences may also be taken into account. Older children who can articulate their wishes may have their opinions considered by the court. If the child expresses a strong desire to stay in their current location and the court deems it reasonable, this could influence the decision to deny the relocation.

FAQs

Q: How Far Can a Non-Custodial Parent Move in California?

A: California has no set distance that a non-custodial parent can move without having to obtain the court’s permission. However, a move that substantially affects the existing child custody arrangement or visitation schedule can be handled in court. The non-custodial parent should inform the custodial parent, and also the court, if the move alters the child’s relationship with either parent or impinges on the child’s welfare.

Q: How Do I Stop a Move-Away in California?

A: The way to stop a move-away in California is to make an ‘objection’ with the court, which means presenting evidence that the move isn’t in the child’s interests. A judge will weigh the facts, such as:

• How much the move will disrupt the child’s stability
• The effect that the move will have on the relationship with the parent left behind
• The reasons for the move

It’s important to get legal advice right away and try to gather evidence.

Q: Can You Move Out of State With Full Custody in California?

A: Even if you have sole or joint legal custody, a simple move out of state in California usually requires either the other parent’s consent or a court order. Generally, a court that is considering the interests of a child in a relocation case will explore whether the child would be better off if the relocating parent stayed put or if the move would benefit the child.

Q: How Do Courts Determine the Interests of the Child in Relocation Cases?

A: The courts in California assess the child’s interests in relocation cases by considering the:

• Child’s age, health, and ties to both parents
• Reasons for the move
• Distance of the move
• Effect on the child’s education and social life
• Ability to have a meaningful relationship with the parent who won’t be moving

Ultimately, the court’s analysis focuses on maintaining the child’s stability, well-being, and continuing relationship with both parents.

Contact Quinn & Dworakowski, LLP

Relocation issues can be difficult to navigate emotionally. It is crucial to get skilled legal counsel if you want to make sure that you understand your rights completely and have an effective case. Speaking with a knowledgeable family law attorney at Quinn & Dworakowski, LLP, can provide you with the direction and encouragement you need to protect both your parental rights and the welfare of your child. Contact us for a consultation.