Relocation
In today’s mobile world, relocation is a reality for many families. Whether it’s due to a job opportunity, a new relationship, a desire to be closer to extended family, or a fresh start, moving—especially with children—brings both practical and legal challenges. At Enright Family Law, we help modern families navigate the sensitive and often complex issue of relocation with children after divorce or separation.
Breaks down how California family law views relocation, what parents need to know before making a move, and how courts make decisions when parents don’t agree. For families with existing custody orders, the stakes are high—relocation isn’t just a personal decision, it’s a legal one.
What Is Relocation in a Family Law Context?
Relocation (often referred to as a “move-away” case in legal terms) refers to a parent’s plan to move a child to a different city, state, or country. If a move would significantly impact the other parent’s custody or visitation rights, it often requires court approval.
Even a move within California—from to Los Angeles, for instance—can be considered a relocation if it disrupts the child’s schedule or the non-custodial parent’s access.
Relocation cases usually arise in two main situations:
- Post-Divorce or Custody Agreements: A parent wants to move after custody or visitation orders have already been finalized.
- During Divorce or Legal Separation: One parent is planning a move while custody arrangements are still being negotiated.
Legal Framework for Relocation in California
In California, family courts operate under the principle of the child’s best interest. When evaluating relocation requests, the court considers whether the proposed move supports or disrupts a stable, healthy environment for the child.
Key factors the court may evaluate include:
- The reason for the move (e.g., employment, education, safety, remarriage)
- The existing custody arrangement
- The impact on the child’s relationship with the non-moving parent
- The distance of the move
- The child’s age and needs
- The ability of both parents to communicate and co-parent effectively
- The child’s preference, especially if they are 14 years or older
- Evidence of bad faith (e.g., trying to move away to interfere with the other parent’s rights)
No one factor determines the outcome. Instead, the court considers the total picture of how the move would affect the child’s life.
Sole vs. Joint Custody in Relocation Cases
Whether you have sole or joint custody significantly affects your relocation rights.
If You Have Sole Physical Custody
You typically have more freedom to move, but you must still notify the other parent. If the non-custodial parent objects, they can file a motion to prevent the move.
In these cases, the court may allow the relocation unless the objecting parent can prove that the move would be detrimental to the child.
If You Share Joint Physical Custody
The moving parent must usually file a formal request with the court to relocate. Since both parents share time with the child, courts are more cautious about approving moves that disrupt that balance.
In these cases, the burden is on the moving parent to prove the relocation is in the child’s best interest.
Steps to Take Before Relocating
If you are planning a move and share custody, it’s critical to approach the situation with both legal preparation and emotional sensitivity.
1. Review Your Custody Order
Most custody agreements have clauses about relocation or geographic restrictions. Some require notice periods or prohibit moves beyond a certain distance without consent.
2. Talk to the Other Parent
If possible, attempt to reach a mutual agreement. Courts often look more favorably on parents who collaborate in good faith.
3. File a Request for Order (RFO)
If an agreement isn’t possible, you must file a Request for Order with the family court asking for permission to relocate. This is especially important if your move will disrupt the other parent’s time.
4. Prepare Your Case
Relocation cases often involve court hearings and evidence. You’ll need to show:
- Why the move benefits the child
- That you’ve planned for continued contact with the other parent
- That your motive is not to harm the child’s relationship with the other parent
- That you’re willing to adjust the custody plan accordingly
The Court’s Role in Relocation Disputes
If the court gets involved, you may be required to attend mediation or child custody recommending counseling (CCRC) through Family Court Services. If no agreement is reached, the case may proceed to a formal hearing where a judge decides.
In some cases, a child custody evaluation may be ordered. This is an in-depth review conducted by a court-appointed professional who interviews the child, parents, and others to make recommendations.
Remember: relocation rulings can redefine custody arrangements. The court may modify physical and legal custody depending on the new reality, especially if long distances are involved.
Relocation and Modern Families
At Enright Family Law, we work with many families who don’t fit the traditional mold:
- Unmarried parents with shared custody
- LGBTQ+ families co-parenting across households
- Professionals with remote work opportunities
- Parents relocating for safety or support after a breakup
- Families with bi-coastal living or dual-country roots
Modern families often face relocation needs that older custody frameworks weren’t built for. That’s why our legal approach is both strategic and human—designed to meet the real-world needs of today’s parents and children.
We also understand that children may have strong ties to both parents, extended family, and their communities. Our job is to help you present a relocation case that reflects both legal criteria and family dynamics.
Tips for Co-Parents Navigating Relocation
- Start the conversation early. Don’t surprise your co-parent with sudden plans.
- Stay child-centered. Focus discussions on how the move benefits the child, not just the parent.
- Offer alternatives. Suggest extended summer visits, travel arrangements, or digital check-ins to maintain strong bonds.
- Document everything. Keep records of your communications, move-related research, and efforts to co-parent respectfully.
- Seek legal guidance early. The earlier you plan, the stronger your position will be—especially if court becomes necessary.
How We Can Help
At Enright Family Law, we understand that relocation is about more than changing your address. It’s about protecting your relationship with your child, supporting your family’s evolution, and making life-changing decisions with confidence.
Whether you’re a parent looking to move or one concerned about your rights being impacted by a move, we’re here to help you:
- Understand your legal options and rights
- Develop a relocation plan that meets legal standards
- Negotiate fair parenting plans and visitation arrangements
- Represent you in court with clarity, strategy, and compassion
We work with modern families who need forward-thinking solutions—not one-size-fits-all answers. Contact Enright Family Law today to schedule a consultation and explore how we can support your family through the relocation process.