Relocating with children after divorce raises questions about custody and parental rights. In California, a parent cannot relocate a child if the relocation would make the current parenting schedule impossible without either the other parent’s approval or a court order. Courts analyze relocation requests by examining how the move will affect a child’s stability, relationship with both parents, and long-term well-being.
At Pakpour Banks LLP, our team supports families who face relocation custody issues and disagreements about moving with a child after divorce. We explain each step clearly, maintain open communication, and build a structured plan to explain what you need and why you are requesting it.
Child Custody and Relocating with Children After Divorce
After a couple with children divorces, they have to establish a child custody agreement in a child custody order. That agreement specifies the type of custody each parent has and establishes a parenting plan, which outlines how parents share time and responsibilities.
Custody orders typically control the decisions a parent can make about relocating with a child. Some orders give one parent clear authority to decide where a child lives. Others require both parents to agree or require a judge to review any proposed move.
If a parent wants to move the child somewhere that would make the parenting plan unworkable, they must notify the other parent at least 45 days before the move, if practicable. Then they ask a court to modify their child custody order.
Legal and Physical Custody
Custody has two basic dimensions: legal and physical. Parents can share physical and legal custody, share legal custody with one parent having sole physical custody, or a parent may have both sole legal and sole physical custody.
Joint physical custody means that both parents have substantial time with the child, while joint legal custody means that both parents participate in major decisions regarding the child, such as decisions about schooling, medical care, and emotional development.
A parent with sole legal custody has sole authority to make major decisions about the child. A parent with sole physical custody determines where the child lives, but the other parent is still entitled to reasonable parent-time, in accordance with the court’s custody order. Even if a parent has sole physical custody, they must still ask the court to approve a move that changes the parenting schedule or limits the other parent’s ability to maintain regular contact.
Unworkable Parenting Plans
A parenting plan becomes unworkable when the existing schedule no longer fits a child’s daily needs or a parent’s practical realities. Relocation often triggers this problem because distance can make regular exchanges, school routines, or transportation expectations impossible to follow.
Relocation commonly makes a parenting plan unworkable when distance disrupts:
- School attendance, including start times, drop-offs, and consistent homework routines;
- Extracurricular activities, including rehearsals, practices, and events that require regular attendance;
- Medical or therapy appointments;
- Parenting exchanges; and
- Midweek contact or short visits with the other parent.
When distance prevents a child from maintaining these routines, parents usually need a custody modification to create a schedule that fits the realities created by the relocation.
Factors Courts Consider in Relocation Custody Cases
California courts analyze child custody relocation requests by considering the best interests of the child. Judges consider:
- How far the parent wants to move;
- How the distance affects the parenting schedule;
- Why the parent wants to relocate;
- The child’s age, developmental needs, and school situation;
- Each parent’s level of involvement in daily care and activities;
- The child’s connection to community, school, and extended family;
- How stable the child’s current schedule is and how disruptive the move would be; and
- Whether the non-moving parent can maintain meaningful contact with the child.
If the parents disagree about one parent moving away with the child, the court must determine whether the move is in the child’s best interests.
Requesting a Modification of Child Custody for Relocation
When moving with a child after the divorce changes the other parent’s time with the child, the relocating parent must request a modification of the custody order. To do so:
- The parent files a written request that explains the move, the reason for it, and a proposed new parenting schedule;
- The other parent responds by agreeing or objecting;
- The court may order mediation, which uses a neutral professional to help parents try to reach an agreement; and
- If parents cannot reach an agreement, the court holds a hearing to decide whether the move is in the child’s best interests.
At a hearing, parents provide evidence, such as school information, housing plans, or details about their involvement in the child’s daily life, to argue that the child should either remain where they are or move with the relocating parent.
How Pakpour Banks LLP Can Help
Relocating with children after a divorce can be a legally complicated process. If relocation affects your parenting schedule, you must modify your custody order before moving the child. Pakpour Banks LLP helps parents analyze their custody orders, explore their legal options, and prepare relocation requests that comply with California law and highlight the child’s needs.
Contact us to discuss your relocation custody questions and learn how we can help support you with careful, deliberate advocacy that respects your goals and protects your child’s well-being.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.