When divorced or separated parents share custody of a child, one of the most emotionally charged and legally complicated issues they may face is a request to relocate. Whether for a new job, family support, or a fresh start, a move that significantly changes the distance between two homes can affect the entire custody arrangement. In California, these situations often become contentious, especially when one parent strongly opposes the move.
At Fernandez Law Group, our Los Angeles family law attorneys are experienced in helping parents navigate relocation requests with clarity, strategy, and a focus on the child’s best interests.
Our Certified Family Law Specialists know that understanding how California courts evaluate relocation cases is key to preparing for the legal road ahead.
How California Law Views Parental Relocation
In California, a parent with sole physical custody generally has more flexibility to relocate, although they must still give notice and may face legal challenges from the other parent. However, in joint physical custody cases, the relocating parent must obtain either the other parent’s consent or a court order permitting the move.
Under California Family Code Section 7501, a custodial parent has the right to change a child’s residence, but this right is not absolute. If the move significantly affects the child’s relationship with the non-moving parent, the court will closely examine whether the relocation serves the child’s best interests.
Factors Courts Consider in Contested Move-Away Cases
When a parent opposes a relocation, the court evaluates the proposed move based on what’s best for the child.
California courts consider several key factors, including:
- The move’s reasons include employment, family support, and safety.
- The distance and logistical impact on the current custody schedule.
- The child’s age, needs, and relationships with each parent.
- Each parent’s ability to provide a stable, supportive environment.
- Whether the move is intended to interfere with the other parent’s custodial rights.
- The existing co-parenting relationship and history of cooperation.
Courts may appoint a child custody evaluator or conduct a full evidentiary hearing if the case is heavily disputed. Having skilled legal counsel is essential because these cases are fact-intensive and emotionally charged.
How to Prepare for a Relocation Request—As the Moving or Opposing Parent
Preparation is critical whether you are seeking permission to relocate or trying to prevent a move that could harm your relationship with your child. The parent requesting the move should present a clear, well-reasoned plan that demonstrates how the move supports the child’s well-being, not just the parent’s goals. This includes housing, schools, family support, and a revised parenting schedule.
The opposing parent should focus on the move’s impact on the child’s relationships, consistency, and daily life and be prepared to offer an alternative plan that better meets the child’s needs.
Consult Los Angeles Family Law Attorneys at Fernandez Law Group
Relocation disputes can be intensely emotional and legally complex. At Fernandez Law Group, our team provides thoughtful and strategic representation in high-conflict custody cases throughout Los Angeles. Whether you’re seeking to move or aiming to preserve your custodial rights, our attorneys are here to advocate for your child’s best interests every step of the way.
Contact our Los Angeles County Certified Family Law Specialists today at (310)-564-9163 or schedule a confidential consultation and get the guidance you need in your custody relocation matter.