Relocation and child custody is one of the most emotionally charged and legally complex areas of California family law. When one parent wants to move, or has just learned that the other parent is planning to, the questions come fast and the stakes feel impossibly high. Parents in Riverside and throughout Southern California regularly turn to Schank Family Law with urgent questions about how relocation law works, what their rights are, and what to do next. Below are detailed answers to the questions we hear most often.
Can I move out of state with my children without the other parent’s permission?
No. In California, a parent with an existing custody order cannot relocate the children to another state, or even to a significantly different location within California, without either the written consent of the other parent or a court order explicitly approving the move. This applies even if you have primary physical custody. Having primary custody gives you the right to make many day-to-day decisions for your children, but it does not give you the unilateral right to move them away from the other parent.
Taking your children out of state without authorization can constitute a violation of the existing custody order, which can have serious legal consequences. In some cases, it can also constitute child abduction under California Penal Code section 278.5, particularly if the move is intended to deprive the other parent of their custody rights. If you are planning to relocate, the only legally safe paths are to reach a written agreement with the other parent that is incorporated into a modified custody order, or to file a motion and obtain court approval before you move.
What counts as a valid reason to move?
California courts require a genuine, compelling reason for relocation. The threshold is higher than many parents expect. Wanting to be closer to extended family, preferring a lower cost of living, or simply wanting a fresh start in a new place are generally not sufficient reasons, on their own, to justify moving your children out of California against the other parent’s wishes.
The strongest relocation cases involve professional necessity, particularly mandatory job transfers in technical or specialized fields where comparable opportunities are not available locally. When a parent is being required to move by their employer, with no real alternative, courts are much more likely to view the relocation as legitimate and to find that a move-away order serves the children’s best interest.
Optional job opportunities occupy a middle ground. If an employer has offered a parent the same position in another state but has not required the transfer, most California judges will treat that as a voluntary relocation and will scrutinize it accordingly. The less choice the relocating parent appears to have, the better their legal position. The more the move looks like a personal preference dressed up as a professional necessity, the harder it will be to obtain court approval.
What happens if the other parent objects to the move?
If the other parent objects to your proposed relocation with the children, the matter will be set for a hearing or, in contested cases, a full trial. Both parents will have the opportunity to present evidence and arguments about why their position serves the children’s best interest. The court will consider the full range of best interest factors before reaching a decision.
These hearings can be lengthy, expensive, and emotionally exhausting. Testimony from both parents is typical, and the court may also hear from other witnesses including employers, teachers, mental health professionals, and custody evaluators. The process can take several months from the initial filing to a final decision, which is one reason it is so important to begin the legal process as early as possible.
During the pendency of the case, while the matter is working its way through the court, the existing custody order remains in effect. A parent who moves with the children before obtaining court approval, in defiance of the existing order, risks serious legal consequences and can significantly damage their credibility with the judge.
I’m the parent staying in California. What can I do to fight the move?
If you have learned that the other parent is planning to relocate with your children, you have every right to oppose that move. The first step is to consult with a family law attorney as quickly as possible. If the move is imminent, it may be possible to seek an emergency order preventing the relocation until the court can hold a proper hearing.
To oppose a move-away request effectively, you will need to present evidence of your existing relationship with the children, the children’s ties to California, and the harm that relocation would cause. This can include documentation of your involvement in the children’s daily lives, school pickups, medical appointments, extracurricular activities, as well as testimony about the children’s friendships, community involvement, and adjustment.
Even if the court ultimately approves the relocation, the non-relocating parent can advocate strongly for a long-distance parenting plan that protects their access to the children. This includes extended summer custody, a larger share of holiday time, regular virtual contact, and clear provisions for travel logistics and cost-sharing. A well-negotiated or well-litigated long-distance parenting plan can preserve a meaningful parent-child relationship even across significant geographic distance.
How long does a move-away case typically take?
The timeline for a move-away case varies considerably depending on the complexity of the dispute, the court’s calendar, and whether the parties are able to reach any agreements along the way. Uncontested move-away cases, where both parents ultimately agree on the relocation and a long-distance parenting plan, can be resolved relatively quickly, sometimes within a few weeks of filing.
Contested move-away cases that proceed to full trial are a different matter. From the initial filing to a final court decision, the process can take anywhere from several months to over a year, depending on the court’s backlog and the complexity of the issues involved. Emergency circumstances, such as a parent who has already announced an imminent move date, may allow for expedited hearings, but even these take time to prepare and present effectively.
The most important takeaway on timing is this: do not wait. If you are considering a relocation or have learned that the other parent is planning to move your children, consulting with an attorney immediately gives you the best possible chance of achieving the outcome you need. Delay rarely helps either side in a move-away case.
What is a custody evaluator and do I need one?
A custody evaluator is a licensed mental health professional, typically a psychologist or licensed clinical social worker, who is appointed by the court or agreed to by the parties to conduct an independent assessment of the family and provide the court with an expert opinion on the best interest factors. In move-away cases, custody evaluators are frequently used because the stakes are high and the best interest determination is complex.
The evaluator will typically interview both parents, interview the children, review relevant documents such as school and medical records, and sometimes observe parent-child interactions. The resulting report is submitted to the court and can be a significant factor in the judge’s decision. While custody evaluator reports are not binding, judges often give them substantial weight.
Whether you need a custody evaluator depends on the specific facts of your case. In some cases, retaining your own evaluator, rather than waiting for a court-appointed one, can allow you to present expert testimony that supports your position. An experienced family law attorney can advise you on whether an evaluator is likely to help or hurt your case and how to navigate the evaluation process most effectively.
Schank Family Law Is Here to Help
Move-away cases are high-stakes, time-sensitive, and legally complex. Whether you are seeking to relocate with your children or fighting to keep them in California, having a knowledgeable attorney in your corner from the beginning can make an enormous difference in the outcome. Schank Family Law serves parents throughout Riverside County and the surrounding areas, providing thoughtful, effective representation in relocation and custody matters.
Do not face this alone.
