When parents share custody or visitation rights, a move—whether across town or out of state—can significantly affect existing arrangements. California law places the child’s best interests at the center of any decision involving relocation and time-sharing. Understanding how relocation works and what courts consider can help parents better prepare for the legal process ahead.

At Williams, Drexler, & Mand PC, we provide legal assistance to individuals and families throughout California who are facing custody and visitation issues related to relocation.

Understanding Relocation in California Custody Cases

In California, relocation cases are often referred to as “move-away” cases. These arise when one parent wants to move with the child in a way that would impact the other parent’s custody or visitation rights. The legal analysis depends largely on whether there is an existing custody order and what type of custody arrangement is in place.

How Existing Custody Orders Affect Relocation

If a parent has sole physical custody, they generally have a presumptive right to relocate with the child. However, this does not mean relocation is automatically approved. The noncustodial parent may object if the move would harm the child’s well-being or interfere with visitation.

When parents share joint physical custody, the relocating parent must usually demonstrate that the move is in the child’s best interests. Courts do not presume that relocation is appropriate in joint custody situations, making these cases more complex.

Factors Courts Consider in Relocation Disputes

California courts evaluate several factors when deciding whether a relocation should be allowed, including:

• The child’s age, emotional needs, and stability
• The reason for the proposed move
• The distance of the relocation
• The child’s relationship with both parents
• Whether the move would disrupt schooling or social connections
• Each parent’s ability to maintain a meaningful relationship with the child

No single factor is determinative. Judges weigh the totality of circumstances to reach a decision that supports the child’s best interests.

Impact on Time-Sharing and Visitation Schedules

If relocation is approved, the court may modify the existing time-sharing or visitation schedule. This could include fewer but longer visits, adjustments for school breaks and holidays, or changes to transportation responsibilities. Courts often aim to preserve frequent and continuing contact between the child and both parents whenever possible.

What to Do If You Are Considering or Opposing Relocation

Parents considering relocation should seek court approval before moving, especially if the move would affect custody or visitation. Relocating without permission can lead to legal consequences, including changes to custody arrangements.

If you oppose the other parent’s relocation, timely legal action is critical. Presenting clear evidence about how the move would affect the child is often central to these cases.

Legal Guidance for California Families

Relocation cases can be emotionally charged and legally complex. Having a clear understanding of your rights and responsibilities is essential when custody and visitation are at stake.

At Williams, Drexler, & Mand PC, we assist California families in navigating relocation-related custody and time-sharing issues with care and clarity.