After a divorce is finalized, life continues to change. You may get a new job, want to be closer to family, or simply feel the need for a fresh start. But if you have children and share custody in California, deciding to move after divorce isn’t as simple as packing boxes and hitting the road. California courts take relocation seriously and understanding the rules around a move after divorce can help you avoid legal setbacks.
Can You Move with Your Child After Divorce?
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The distance of the proposed move can affect how the court evaluates your request. A move within the same city is likely to be treated differently than a move across the state or out of state.
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There is no specific mileage rule under California law that automatically triggers court involvement. However, many custody orders or stipulated divorce agreements include a clause that restricts moves beyond a certain distance—often something like 50 or 150 miles—without court permission or mutual consent. Regardless of distance, what matters most is whether the move significantly affects the current custody arrangement and the child’s ongoing relationship with the other parent.
- If you have sole physical custody, you may have the right to relocate with the child beyond the limits in a custody order or stipulated agreement, but your ex can object, and the court may review the move.
- If you share joint physical custody, you usually must either get the other parent’s consent or file a request with the court to modify the custody order before moving beyond the distance in the custody order.
California Family Code § 3020 sets the legal framework for modifying custody orders and requires courts to examine the full picture—including stability, schooling, and relationships.
What the Court Considers in Move-Away Cases
When one parent wants to move with a child and the other objects, the court holds a hearing to evaluate whether the move is in the child’s best interest. Factors include:
- The reason for the move (job, support system, remarriage, etc.)
- The impact on the child’s relationship with the non-moving parent
- Educational, emotional, and social stability for the child
- How well the parents communicate and co-parent
- Whether the parenting plan can be modified to maintain relationships
The California Supreme Court in In re Marriage of LaMusga, 32 Cal.4th 1072 (2004), emphasized that a court must consider a wide range of factors to determine whether a move-away is in the best interest of the child. These include the child’s need for stability, the reason for the move, the relationships between the child and both parents, and whether the relocating parent is likely to support ongoing contact with the other parent. The court does not presume that a custodial parent has an automatic right to move if the relocation would significantly harm the child’s relationship with the non-custodial parent.
Each case is highly fact-specific, and there is no one-size-fits-all answer. Courts focus on minimizing disruption while protecting parental rights. For more, see the California Courts Move-Away Orders guide.
How to Request a Move with Your Child
- Start with your parenting plan: Many California custody orders include move-away clauses or procedures for notice.
- Give written notice: Courts typically expect at least 45 days’ written notice before a proposed move, as per California law. See California Family Code § 3020.
- File a Request for Order: If the other parent objects or you share joint custody, file a formal motion with the court to request permission to relocate. Use the FL-303 Request for Order form.
- Prepare to show it’s in your child’s best interest: Bring evidence about schools, housing, job stability, extended family, and continuity of care.
What Happens If You Move Without Permission?
Trying to move after divorce without court approval can seriously backfire. The other parent can file for contempt or emergency custody orders. Courts may even order the child returned or modify custody in favor of the non-moving parent. Always follow the legal process first.
Tips for Parents Navigating Relocation
- Talk to a family law attorney early
- Stay child-focused in your reasoning and presentation
- Be proactive with notice and communication
- Document your efforts to include the other parent in planning
- Avoid unilateral decisions that look like bad faith
Need Help with a Move-Away Case?
Whether you’re hoping to move or trying to stop a relocation, the attorneys at the Law Offices of David Knecht can guide you through California’s family law system. Call us at (707) 451-4502 to schedule a consultation and protect your parenting rights.
