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Orange County divorce attorneys; The Maggio Law Firm

When Can A Custodial Parent Move A Child Out Of State?

Orange County divorce attorneys; The Maggio Law FirmDuring a divorce, parents need to take extra care when they are making custody arrangements for their children. The arrangements and custodial plan should include important aspects like the child’s health, education and welfare. It should also contain the physical presence of the child within a mentioned geographical location to protect the non-custodial parent’s visitation rights.

So, what happens when the custodial parent decides to move the child out-of-state for a period of time. According to the California law, a parent cannot do that unless he/she has obtained a court order to do so. If the custodial parent relocates a minor child without approval from the court, he/she may attract fine or even jail time.

So, when is it possible for the custodial parent to relocate children?

When the non-custodial parent consents to the relocation

If the non-custodial parent agrees to the relocation of the child in a written agreement, the custodial parent can move the child out-of-sate after a judge approves the agreement.

If the other parent does not consent to the relocation, a co-parenting lawyer or mediator can be hired to handle the situation. And in cases where mediation fails, the custodial parent must file a petition in the court to move the child out-of-state.

When the court agrees to the custodial parent’s decision

California courts will usually compare the pros and cons of moving the child to a different location. It will look at factors like safety, health and development. If the court feels that the relocation will be beneficial for the child, it can agree to the custodial parent’s demand. However, it will also consider the non-custodial parent’s rights and decide if the relocation will have any negative effect on the parent.

In some cases, the court has the right to agree to the custodial parent’s demands unless there is gross violation of the custodial plan. In such cases, the court won’t consider the non-custodial pleas and will allow the custodial parent to relocate.

Conclusion

A custodial parent’s wish to move his/her children out-of-state depends on many factors. The non-custodial parent needs to agree to the relocation and must provide his/her consent on the agreement form before any change can take place. The court’s decision depends heavily on the child’s condition if the relocation takes place. Additionally, the court has the power to agree to the custodial parent and allow the parent and child to relocate despite what the non-custodial might feel.  The laws in California relating to “move-away” cases are complex and it is advisable to seek the advice of a family law attorney before considering a move with your child.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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