Relocation cases — move-away cases in California family law — arise when a parent with primary physical custody wants to move a significant distance. California courts balance the relocating parent's right to move against the child's right to maintain a meaningful relationship with both parents.
The Burden of Proof in Relocation Cases
Under Family Code section 7501, a parent with sole physical custody has a presumptive right to change the child's residence. The non-moving parent must show the relocation would be detrimental to the child. In joint physical custody cases, neither party has a presumptive right to move — courts decide based on the child's best interests after the proposed relocation.
What Courts Consider
California courts evaluate: the child's existing relationship with each parent; the reason for the move; whether it is in good faith; the child's age and ability to adjust; and whether a new parenting schedule can preserve the relationship with the non-moving parent through extended vacations.
What the Non-Moving Parent Can Do
A non-moving parent who opposes relocation must file an opposition with the family court. If the move is allowed, the parenting plan must be restructured to accommodate the new geography. Furubotten Law, APC handles move-away cases throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.