What Is a Move-Away Case?
A move-away case — also called a relocation custody case — arises when one parent with a custody arrangement wants to move a significant distance away in a way that would substantially affect the other parent's ability to exercise their custody or visitation rights.
These cases are among the most emotionally difficult and legally complex in California family law. A parent's right to relocate for a new job, a new relationship, or family support must be balanced against the other parent's right to maintain a meaningful relationship with the child — and the child's interest in continuing both relationships.
The California Legal Standard for Move-Away Cases
The leading California case on move-away is In re Marriage of LaMusga (2004) 32 Cal.4th 1072, which established the framework courts use to analyze relocation requests. The outcome depends significantly on the existing custody arrangement:
- Primary custodial parent seeking to relocate: The parent with primary physical custody has a presumptive right to relocate. The burden falls on the non-moving parent to show that the move would be detrimental to the child and that a change of custody is in the child's best interests.
- True joint physical custody: When parents share physical custody relatively equally, the moving parent must demonstrate that the relocation is in the child's best interests — there is no presumption in favor of the move.
Factors California Courts Consider
In evaluating a relocation request, courts consider:
- The child's relationship with each parent
- The reason for the proposed move
- Whether the move is in good faith or intended to deprive the other parent of contact
- The distance of the move and its impact on the existing custody schedule
- The child's age, needs, and ties to the current community
- Each parent's ability to foster the child's relationship with the other parent
- Whether a modified custody arrangement could maintain both parent-child relationships
What the Non-Moving Parent Can Do
If you learn your co-parent plans to relocate with your child, you must act quickly. File a Request for Order (FL-300) to prevent the relocation pending a court hearing. Do not wait — an unauthorized move may be very difficult to reverse once it has occurred. California courts can order a parent to return a child who was moved without court approval.
What the Moving Parent Should Do
If you want to relocate with your child, proper notice to the other parent is required under California Family Code §7501. Attempting to move without notice or court permission is a serious violation that courts view very unfavorably. File a Request for Order well in advance and work with an experienced attorney to present the strongest possible case for why the relocation serves your child's best interests.
Furubotten Law, APC has extensive experience representing both moving and non-moving parents in relocation cases throughout Orange County and Riverside County. These cases require careful strategy, compelling evidence, and experienced advocacy.
Last reviewed: May 2026 · Author: Denise Furubotten, Esq.