Relocating with Your Child in California: Understanding Your Rights and the Process

Relocation can be a complex issue in family law, especially when children are involved. In California, a parent with sole physical custody generally has the presumptive right to relocate with their child, but this doesn't mean the process is straightforward. This blog post aims to shed light on the legal framework surrounding relocation in California, particularly focusing on the rights of parents with sole physical custody and the necessary steps to relocate to another state.

The Presumptive Right to Relocate: California Family Code 7501

California Family Code 7501 establishes a "presumptive right" for a parent with sole physical custody to change their residence with the child. This means that the court generally assumes that a parent with sole physical custody can move with the child to another state.

. If the non-custodial parent objects to the relocation, the non-custodial parent will have to prove that the move will prejudice the rights or welfare of the minor child, not the other parent.

Steps to Relocate to Another State with Sole Physical Custody

For a parent with sole physical custody planning to relocate to another state, here are the essential steps involved:

1. Provide Notice to the Other Parent: Typically, California law mandates that the relocating parent must provide written notice to the other parent at least 45 days before the intended move. This notice should include details about the new location, reasons for the move, and a proposed revised visitation schedule.
2. Anticipate Objections: The non-custodial parent has the right to object to the relocation. If they do, the court will schedule a hearing to assess the situation.
3. Prepare for a Court Hearing (If Necessary): If a hearing is scheduled, both parents will have the opportunity to present their arguments and evidence. The court will consider several factors, including:
   • The child's relationship with both parents.
   • The reasons for the move.
   • The impact of the move on the child's education, health, and overall well-being.
   • The feasibility of maintaining a meaningful relationship between the child and the non-custodial parent after the move. Consider proposing facetime, video visitations, and have a plan for travel costs for visitation with hte other parent.
4. Court Order: Based on the evidence presented, the court will issue an order either allowing or denying the relocation. If the relocation is approved, the court will likely modify the existing custody and visitation order to accommodate the new circumstances.

Key Considerations

• Legal Counsel: Navigating the complexities of relocation requires experienced legal guidance. Consulting with a Santa Barbara divorce lawyer can help you understand your rights, comply with legal requirements, and effectively present your case in court if necessary.
• Child's Best Interest: Always remember that the court's primary concern is the child's best interest. Focusing on how the move will benefit your child and demonstrating your commitment to maintaining their relationship with the other parent can strengthen your case.

Relocation cases can be emotionally charged and legally intricate. By understanding your rights, following the necessary steps, and prioritizing your child's well-being, you can navigate this process effectively. Remember, seeking legal counsel from a knowledgeable family law attorney is crucial to protecting your rights and ensuring the best possible outcome for you and your child.