Child relocation California cases — commonly called "move-away" cases — arise when a custodial parent wants to relocate with the children to a location that would significantly impact the other parent's parenting time. These are among the most emotionally charged and legally complex matters in California family law. Whether you are the parent seeking to relocate or the parent opposing the move, understanding how California courts evaluate move away custody California requests is essential to protecting your relationship with your children.
The Burgess Standard for Move-Away Cases
California move away cases are governed primarily by In re Marriage of Burgess (1996) and its progeny. Under the Burgess standard, a custodial parent with sole or primary physical custody has a presumptive right to relocate with the children, provided the move is not in bad faith and serves a legitimate purpose. The non-relocating parent bears the burden of showing that the move would be detrimental to the children — a higher standard than simply showing that it is not in the children's best interests.
The move away order California courts issue follows this framework: if the relocating parent has primary custody, they can move and propose a new parenting schedule; the non-relocating parent must then seek a custody modification, showing that changed circumstances (the move) warrant a new custody evaluation. Courts balance: the custodial parent's right to move; the children's relationship with both parents; the impact of the move on the children's relationships, schools, and community ties; and whether a modified long-distance parenting schedule can maintain the children's relationship with the non-relocating parent.
Can I Move Out of State With My Child in California?
Relocation with child California — can I move out of state with my child California without permission? If you have sole physical custody and there is no court order restricting relocation, you generally have the right to move — but you must provide advance notice to the other parent (Family Code section 3024 requires 45 days advance written notice of intended relocation). If there is a joint physical custody arrangement or if the other parent objects and files a motion, you must obtain court permission before relocating.
Relocating with children after divorce California without notice or court permission when there is a contested custody situation can be treated as custodial interference and held against you in the subsequent custody proceedings. The automatic temporary restraining orders that take effect at filing in a divorce prohibit taking the children out of California without the other parent's consent or court order.
Parental Relocation California — When There Is Shared Custody
Parental relocation California is more difficult when the parents share physical custody equally or near-equally. When neither parent has primary custody, neither parent has the presumptive right to relocate — the analysis returns to the basic best interests standard, and the court evaluates from scratch which arrangement best serves the children. Move away case California proceedings involving true 50/50 custody are some of the most genuinely contested custody matters, because neither side has a presumptive advantage under Burgess.
Furubotten Law, APC handles child relocation and move-away cases throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation whether you are seeking to relocate or opposing a move.