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Can You Move With Your Child?

On Behalf of | Jan 27, 2022 | Child Custody

In a nutshell, yes, a custodial parent might be able to move with a child. There are some important requirements and limitations, however, as well as many things to consider. For example, the situation becomes more complicated if you are moving far away or if the other parent opposes the move.

Communicating with Your Ex

If you and your ex were able to agree on custody without going to trial (which many couples are), then a good place to start might be discussing your situation with them. If you need to move closer to a sick family member or get a great new job, it doesn’t hurt to see what the other parent thinks first. Good communication is going to make things smoother, if it is possible.

The Custodial Parent Has the Right to Relocate

It would be unreasonable to assume two people are always going to live in the same places until their child reaches age 18. Things come up with work, life, and family all the time. For these reasons, California does grant the custodial parent (the parent with whom the child primarily lives) the right to relocate as long as it does not interfere with the child’s interests. Again, the court’s primary concern will always be what is in the best interest of the child.

If you are the custodial parent, you need to notify the other parent and the court any time you plan on being “away” for more than 30 days. This means even a temporary move must be communicated. Whether an intended move is temporary or permanent, you must notify them at least 45 days in advance. During this time, you and your ex can work out a new custody arrangement. If your ex opposes the move, you will need to petition for permission to move from the court.

If You Are the Parent Staying Put

If your child is moving, you want to make sure your custody rights are protected. You might also want to object to having your child moved far away from you. Furthermore, if you get less time with your child, modifying the child support order may also be in order. Usually, the more time the child is with you, the less you’ll pay and vice versa.

Looking for a Murrieta Child Custody Lawyer?

Furubotten Law can help you object to the other parent’s relocation or modify your custody and support. Our Murrieta child custody lawyers are experienced and work hard for our clients. To learn more, set up a consultation with one of our family law attorneys.