Kevin Qualls Family Law
Maintaining Professionalism. Preserving Civility. Finding Answers. Practical Guidance On Important Divorce And Custody Matters

Review of state parental relocation rules

Although this blog has discussed this topic in past months, it may be helpful, particularly with the summer moving season coming up soon, to review what a single parent's obligations are when they have to move. These obligations are particularly important when a parent wants to move either out of state or to another part of California some distance from Orange County.

Unlike other states which have somewhat restrictive parental relocation laws, California gives parents fairly broad leeway to move. If, for instance, the parent who wants to move has sole custody, then, unless the divorce decree or paternity order says otherwise, he or she may move with the child. The other parent's options would be to seek a change of custody or attempt to stop the move if they can argue the move will hurt the child in some way.

On the other hand, if both parents share the authority to decide where a child lives, then both parents must agree to the child's change of residence. If there is no agreement, it is going to be incumbent on the parent who wants to move to get permission to move by showing the move is in the child's best interests.

However, before planning a move, a parent should review his or her divorce decree or custody order carefully, as judges can put legal restrictions on a parent's right to move. For instance, judges deciding custody cases have the option of requiring a parent to notify the other parent if the child is going to change residences for more than 30 days. This notice has to normally be provided 45 days in advance of a move.

Particularly if both parents do not agree to the move, changing a child's residence may require extra legal steps on the part of the parent who wants to move. Getting the help of a family law attorney in navigating these steps is often advisable.

No Comments

Leave a comment
Comment Information

Kevin Qualls Family Law
625 The City Drive South
Suite 470
Orange, CA 92868
Toll Free: 800-783-1934
Fax: 714-750-5983
Map and Directions