Answer FileFamily Law

Can I move away with my child after a California custody order?

The answer, cited

Not unilaterally. Family Code section 7501 gives a custodial parent a presumptive right to change the child's residence, but the court may restrain a move that would prejudice the child's rights or welfare. Contested relocations are decided under the child-welfare factors from In re Marriage of LaMusga (2004) 32 Cal.4th 1072.

A parent with a custody order cannot simply relocate a child over the other parent's objection. Family Code section 7501 gives the parent entitled to custody a presumptive right to change the child's residence, subject to the court's power to restrain a removal that would prejudice the child's rights or welfare. How that plays out depends on the existing arrangement: a parent with sole physical custody under a final order has the stronger position, while parents sharing physical custody face a fresh analysis of the child's interests. The California Supreme Court's decision in In re Marriage of LaMusga (2004) 32 Cal.4th 1072 supplies the factors — the distance, the children's ages and ties, the reasons for the move, and each parent's relationship with the child. Custody orders commonly require substantial advance written notice of a planned move, and Family Code section 3024 contemplates 45 days so the parents can renegotiate or litigate first.

Authority: Cal. Fam. Code § 7501

Legal information, not legal advice.

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