Answer FileFamily Law

Can I move away with my child after a California custody order?

The answer, cited

Not unilaterally. Family Code section 7501 gives a custodial parent a presumptive right to change the child's residence, but the court may restrain a move that would prejudice the child's rights or welfare. Contested relocations are decided under the child-welfare factors from In re Marriage of LaMusga (2004) 32 Cal.4th 1072.

A parent with a custody order cannot simply relocate a child over the other parent's objection. Family Code section 7501 gives the parent entitled to custody a presumptive right to change the child's residence, subject to the court's power to restrain a removal that would prejudice the child's rights or welfare. How that plays out depends on the existing arrangement: a parent with sole physical custody under a final order has the stronger position, while parents sharing physical custody face a fresh analysis of the child's interests. The California Supreme Court's decision in In re Marriage of LaMusga (2004) 32 Cal.4th 1072 supplies the factors, the distance, the children's ages and ties, the reasons for the move, and each parent's relationship with the child. Custody orders commonly require substantial advance written notice of a planned move, and Family Code section 3024 contemplates 45 days so the parents can renegotiate or litigate first.

Authority: Cal. Fam. Code § 7501

Source: Cal. Fam. Code § 7501 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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