Relocating to another state can make child custody arrangements challenging, especially if one parent wishes to move while the other stays in California.
Courts consider several factors when deciding on child custody after a parent relocates out of state.
Best interests of the child
Courts focus on the best interests of the child when deciding custody cases involving relocation. Judges will consider how the move affects the child’s stability, relationships, and overall well-being. Courts examine whether relocating will provide better opportunities for the child, such as improved schooling or family support. They also consider how the move will impact the child’s relationship with the non-relocating parent.
Impact on existing custody arrangements
Relocation can significantly affect current custody arrangements. Courts in California will assess how the move will change parenting schedules and whether it will interfere with the child’s routine.
The parent requesting to relocate must show that the move is in good faith and not intended to harm the child’s relationship with the other parent. Judges may modify existing custody orders to ensure the child maintains a strong relationship with both parents despite the distance.
Burden of proof for relocating parent
The parent wishing to relocate has the burden of proof to show that the move will benefit the child. California courts do not automatically grant permission to move out of state. Judges consider factors like the reasons for the move, the child’s relationship with both parents, and any past efforts to co-parent effectively. The relocating parent must provide a detailed plan on how they intend to maintain the child’s connection with the other parent.
Moving forward with relocation challenges
Relocating out of state with a child presents many challenges in a custody case. Courts strive to make decisions that prioritize the child’s needs while balancing the rights of both parents. Understanding the process and preparing a strong case can help parents navigate these complex custody issues.
