How to Relocate with Children After a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Relocate with Children After a California Divorce

Moving after a divorce can mean a fresh start, a new job, or being closer to family. But if you have a custody order in place, you cannot simply pack up and take the children. California courts require you to address how a move will affect the child and the other parent. The court’s primary concern is always the best interest of the child.

Can I move with my child after a California divorce?

Short answer: not without permission. If a custody order or custody-related terms exist, you must either get the other parent to agree to the move or file with the court and obtain approval. That applies whether you are moving across town, across California, or out of state.

In California, you can not just pack up and move with the kids if there is a custody order in place.

What the court focuses on

When a judge considers a relocation request, the analysis centers on the child’s best interest. That means the court looks at how the move will affect the child’s relationship with both parents and whether the proposed plan maintains meaningful contact and stability.

Factors judges commonly consider

  • The reason for the move, such as a job opportunity, family support, or medical needs.
  • How the move benefits the child, including improved housing, schooling, or safety.
  • The impact on the nonmoving parent’s custody and visitation time.
  • Feasibility of maintaining the child’s relationship with the other parent through in-person visits and remote contact.
  • Transportation logistics and costs for exchanges and holiday schedules.
  • Any proposed changes to the custody and visitation schedule that mitigate harm.

A real client example

We recently helped a parent who needed to relocate from Los Angeles to Northern California for work. Rather than moving without permission, the parent filed a request for order and presented a carefully prepared plan that demonstrated the move would be in the child’s best interest while preserving the relationship with the other parent.

The approved plan included:

  • A revised visitation schedule that accommodated longer in-person visits during school breaks.
  • Regular virtual calls to maintain daily or weekly contact.
  • Extended summer breaks so the nonmoving parent could have meaningful extended time with the child.

Because the proposal addressed the court’s concerns and prioritized the child, the judge approved the relocation.

How to prepare a relocation request

Moving forward the right way means preparation. Here are practical steps to increase the chances of court approval or obtaining the other parent’s agreement.

  1. Review your existing custody order to see what it requires about relocation and notice.
  2. Communicate early and respectfully with the other parent about why you need to move and how you plan to preserve their relationship with the child.
  3. Prepare a detailed written plan that includes a revised custody and visitation schedule, remote communication arrangements, and transportation logistics.
  4. Gather supporting documents such as a job offer letter, housing information, school options, and cost estimates for travel and exchanges.
  5. File a Request for Order with the court if you cannot obtain the other parent’s agreement. The Request for Order asks the judge to modify custody and visitation to allow the move.
  6. Be ready to show the court how the move benefits the child and how your plan mitigates any negative impact on the other parent’s time with the child.

Practical tips for drafting a relocation plan

  • Include a clear schedule showing days, holidays, and summer time in the new arrangement.
  • Propose specific times and frequency for virtual calls, online school support, and homework check-ins.
  • Offer solutions for transportation, such as who pays for travel and how exchanges will occur.
  • Highlight child-centered reasons for the move like better schools, family support, or medical needs.
  • Keep communication civil and constructive. A cooperative approach can lead to a stipulation rather than a contested hearing.

Possible outcomes

After filing, the court may do one of the following:

  • Approve the relocation and enter a new custody and visitation order reflecting the agreed plan.
  • Approve the move with modifications to protect the nonmoving parent’s relationship with the child.
  • Deny the relocation if the proposed move would significantly harm the child’s relationship with the other parent or is not shown to benefit the child.

How professional help can make a difference

Relocation cases involve detailed paperwork, evidentiary support, and a custody plan a judge can approve. Professional assistance can help you:

  • Update and prepare custody agreements that reflect the new arrangement.
  • Draft court-ready paperwork, including the Request for Order and declarations that clearly explain the reasons for the move and its benefits for the child.
  • Put together a practical visitation and communication plan tailored to your situation.
  • Present your case in a way judges tend to favor: child focused, realistic, and respectful of both parents.

Next steps

If you are thinking about relocating with your child after a divorce, do not move without first addressing custody legally. A well-documented plan that centers on the child and preserves meaningful contact with the other parent gives you the best chance of success.

For help preparing a relocation request, updated custody agreement, and court-ready paperwork, schedule a free consultation at Divorce661.com. We can help you navigate the process so your move is legal, respectful, and focused on your child’s best interest.