If you’re going through a divorce in California, this situation can become more difficult with children in the picture. In most cases, divorced parents decide to live reasonably close to one another. But what happens if one parent wants to move out of California with the child or children?
Moving out of California with sole custody
When one parent has primary or sole physical custody of a child, moving out of state is possible. However, this move can get rejected if the other parent can show the court that this move wouldn’t be in their child’s best interests.
Another factor to consider is whether the sole custody order is temporary or permanent. Any applicable laws between these two types of custody arrangements can vary wildly.
Leaving the state with joint custody
It’s also understandable to wonder if a parent can move out of state with a child under a joint custody arrangement. Under this type of arrangement, both parents have equal rights concerning matters related to physical child custody.
If the parents have joint custody of their children, the parent who isn’t moving would need to show the court why this move is a bad idea. Unless one parent can prove this move would be harmful to their child, the courts can allow the other parent and child to move out of California together.
As you can see, several outcomes can occur when one divorced parent wants to move out of California. When determining the outcomes for move-away situations, the court typically looks at custody arrangements and parenting schedules. If you don’t want the other parent moving, it’s important to establish to the court why this shouldn’t happen.