Moving After Divorce: Can I Relocate with My Child?

After a divorce, life changes are inevitable. Sometimes, those changes involve the need, or desire, to move to a new city, county, or even out of state. But when children are involved, relocation becomes a complex legal issue that can’t be decided unilaterally by one parent. California courts treat these “move-away” cases with great care because they directly impact the child’s relationship with both parents. Whether you’re seeking to relocate or trying to prevent a move, understanding how relocation requests work under California law is critical to protecting your parental rights and your child’s well-being.

Understanding California’s Relocation Laws

In California, a parent who shares custody cannot move a child without consent from the other parent or a court order. The rules vary depending on the type of custody arrangement:

• Sole physical custody: The custodial parent generally has the right to relocate, but the other parent can challenge the move if it harms the child’s best interests.
• Joint physical custody: The parent who wants to move must obtain court approval, as relocation can significantly disrupt the shared custody schedule.

Ultimately, the judge’s role is to determine whether the move supports or jeopardizes the child’s stability, safety, and relationship with both parents.

How Courts Evaluate Move-Away Requests

Judges analyze each relocation request individually, focusing on the child’s best interest above all else. Common factors include:

• The reason for the move (e.g., new job, family support, better schools)
• The distance of the move and its effect on visitation
• The quality of the child’s current relationships with both parents
• The child’s age, needs, and ability to adapt to change
• Evidence of co-parenting cooperation and good faith
• The impact of relocation on the child’s education, social life, and emotional health

If the relocation would disrupt a stable routine or reduce meaningful contact with the other parent, the court may deny the request or modify custody arrangements to preserve balance.

How to Request Court Permission to Relocate

When parents share custody, neither can move a child away without consent from the other parent or permission from the court. If you and your co-parent cannot agree on the relocation, the parent wishing to move must file a “Request for Order” (Form FL-300) asking the judge to approve the relocation.

The Process Step by Step

Filing the Motion:

The relocating parent must file a formal motion explaining why the move is necessary and how it serves the child’s best interests. Common justifications include a new job opportunity, proximity to family support, improved educational or healthcare options, or a safer environment. The motion should clearly demonstrate that the move is made in good faith, not to limit the other parent’s access or disrupt their relationship with the child.‍

Serving Notice to the Other Parent:

The other parent must receive official notice of the relocation request and be given the opportunity to object. This step ensures both parties have an equal chance to present their case. The responding parent can either consent to the move, negotiate new parenting arrangements, or contest the relocation through a formal response.‍

Mandatory Mediation:

Before going to court, parents are typically required to attend a Family Court Services (FCS) appointment, sometimes referred to as a court-connected custody mediation or recommending counselor meeting. The purpose of this mandatory step is to help parents reach a child-focused agreement, such as modifying visitation schedules, creating a relocation plan, or establishing virtual communication, before a judge intervenes.

“Parties may choose to engage in private mediation with an experienced co-parenting specialist who can assist the parties in creating and structuring a co-parenting plan that meets the specific needs of children.”

‍— Elisa Kisselburg, Family Law Attorney

The Court Hearing:

If the court orders a Family Court Service meeting, the case proceeds to a hearing before a family law judge. Each side presents evidence supporting their position, which may include:

• Job offers or proof of new employment.
• Housing details and school information at the new location.
• Testimony from child custody evaluators or children, if they have been appointed.
• Communication and visitation proposals to preserve the child’s relationship with both parents.

The judge's decision:

The judge will carefully evaluate whether the proposed move aligns with the child’s best interests, considering emotional, educational, and social impacts.

“Courts evaluate several factors, including the child(ren)'s need for stability and continuity, the distance of the move, the child(ren)'s age and developmental needs, and the strength of the child’s relationship with each parent. Judges also consider each parent’s ability to communicate and cooperate in coparenting, the reasons for the relocation, the existing custody arrangement, and, based on certain circumstances, the child(ren)'s preferences.”

‍— Ashley Bell, Family Law Attorney

If You’re Opposing the Move

The parent objecting to the relocation has the right to present evidence showing that the move would negatively affect the child’s stability, emotional health, or bond with them. This could include proof of strong community ties, close involvement in school or activities, or evidence that the move would cause emotional distress or disrupt an established routine.

Ultimately, the court’s goal is to protect the child’s long-term well-being, not to punish or favor either parent. Preparation, documentation, and legal representation are key to ensuring your perspective is fully heard.

How Judges Balance Parental Rights and Stability

California courts recognize that both parents have important rights: the right to seek new opportunities and the right to maintain a meaningful bond with their child.

Judges, therefore, aim to balance these rights by crafting solutions such as:

• Adjusting visitation schedules (longer visits during breaks or holidays)
• Ordering virtual visitation to preserve communication
• Modifying custody to ensure stability for the child

No two relocation cases are the same, and outcomes depend heavily on preparation, credibility, and how well each parent demonstrates commitment to the child’s long-term well-being.

“Stability can be viewed from different angles. We often think of stability in terms of children's routine and schedules, but sometimes it is the parent's ability to provide a stable routine that matters. For example, we recently helped a parent successfully relocate with their child to another state because they were the parent best suited to provide that stable routine. When the parents' career opportunity brought them out of state, the Court believed they would be able to reset a new and healthy routine for the child. The Court accepted our position that the temporary disruption was worth the benefits of staying with the parent.”

— Dillon Clayton, Family Law Attorney

When the Move Is Urgent or Temporary

Sometimes, a move can’t wait, for example, if a parent receives an immediate job transfer or faces safety concerns (such as domestic violence). In these cases, the relocating parent may request emergency orders to temporarily relocate with the child until a full hearing can be held. However, courts rarely grant such requests unless the evidence clearly shows an urgent and compelling reason.

Why Legal Representation Matters

Move-away cases are among the most emotionally charged and legally complex family law matters in California. At Cage & Miles, our experienced family law attorneys help parents:

• Present strong, evidence-based arguments for or against relocation.
• Negotiate child-centered custody and visitation agreements.
• Protect parental rights while prioritizing stability for the child.

Our team’s deep experience in child custody law ensures every detail, from filing strategy to court presentation, aligns with your goals and your child’s best interests.

“Take the time to understand how the move will affect your child’s relationship with the other parent and prepare to show a clear, child-centered plan for preserving that connection. The focus is less about why a parent wants to move and far more about how the child will maintain meaningful, consistent contact with both parents. Before making any decisions, map out the specifics: travel logistics, school transitions, cost-sharing for visits, virtual contact schedules, and ways to keep the non-moving parent actively involved. Parents who think through these details early, rather than presenting relocation as a unilateral choice, generally have a much smoother process, whether they’re negotiating or seeking court approval.

Because relocation cases can be very complex and require skilled legal representation, even more so if they go to court, it is extremely important to get experienced legal advice if relocating with a child is an issue in your family law matter.

Mediation can be especially helpful in relocation cases because it gives parents the flexibility to explore creative, child-centered solutions that courts often can’t provide. It allows them to address underlying concerns like travel logistics, school stability, and fears about losing connection in a calmer, problem-solving environment. Even when parents disagree, mediation can reduce conflict, preserve the co-parenting relationship, and lead to more workable, individualized plans than a litigated outcome.”

‍— Elisa Kisselburg, Family Law Attorney

Key Takeaways

• A parent can’t relocate a child without court approval or the other parent’s consent.
• Judges evaluate relocation requests based on the child’s best interests, not parental convenience.
• Preparation, communication, and strong evidence are key to success in move-away cases.
• Legal counsel can make a significant difference in navigating this complex process.

FAQs

Can I move out of state with my child if I have joint custody?

Not without court approval or written consent from the other parent. Doing so without permission can result in legal penalties, including loss of custody.

What if I have sole physical custody?

You still need to provide notice, and the other parent has the right to object. The court will evaluate whether the move benefits the child.

Can the court deny a relocation request?

Yes. If the move is found to disrupt the child’s emotional or educational stability or reduce meaningful contact with the other parent, the judge can deny it.

What if my ex is relocating without permission?

You can file an emergency motion to prevent the move or request that custody be modified to protect your parental rights.