The custody order is established when parents separate or divorce locks in certain specific terms. Typically, custody orders describe a specific division of parenting time. They also instruct parents about how to share decision-making authority.
Usually, the terms set reflect the specific circumstances of the family. Should any major factors about the family change, the custody arrangement may need to change as well. Living arrangements often have an impact on the outcome of custody negotiations.
If one parent wants to move across the state or leave California entirely, that could complicate the existing custody arrangements for the family. Can one parent decide to move with the children and derail existing shared custody arrangements?
Major moves may require authorization
A relocation can be as simple as moving a few blocks away, or it could take a parent and the children out of the state, county or school district. The bigger the move, the more important discussing the relocation becomes. If the move is significant enough to make current custody arrangements unsustainable, then pre-approval for the move is likely necessary.
The parent hoping to move must provide written notice to the other parent and the family courts. The parents may be able to cooperatively negotiate an arrangement that allows the move to occur without negatively affecting the other parent’s access to the children.
If they cannot reach such arrangements on their own, then the matter may need to go to family court. A judge hearing a relocation or move-away request must consider whether the move is in the best interests of the children and may modify the custody order based on their understanding of the circumstances.
Judges can approve a move and then grant the other parent a significant amount of additional parenting time on holidays and summer vacation. They could also refuse to allow the children to move and give the other parent more parenting time while the moving parent is free to relocate without the children.
Parents proposing or fighting a relocation request often need help developing a strategy that protects their interests. Demonstrating why a move may benefit the children or may not be in their best interests can help parents maintain their connection with their children even when family circumstances change substantially.
