California Laws on Parental Relocation

Parental relocation—often referred to as a “move-away” case—arises when a custodial parent wishes to change a child’s residence in a way that affects custody or visitation. In California, such moves are governed by specific laws and judicial standards, with a paramount focus on the best interests of the child. Whether you’re considering relocating or seeking to oppose it, understanding the legal landscape can be crucial. Read on to learn about how California approaches this critical issue. If you are a parent involved in a relocation case in Los Angeles or the San Gabriel Valley, contact Blasser Law for advice and representation tailored to your specific situation from an experienced and knowledgeable Claremont parental relocation lawyer.

Do You Need Court Approval to Relocate?

Under California law, if a proposed move doesn’t conflict with a custody or visitation order, a parent generally does not need court approval. However, if the move significantly alters the current arrangements, the relocating parent must either obtain consent from the other parent or seek permission via a court order—commonly called a “move-away” or “relocation” request.

A written notice is a legal prerequisite to any move intended to last 30 days or longer. In this situation, the moving parent must give at least 45 days’ notice to the other parent detailing the intended move and reasons unless an existing agreement specifies otherwise.

Custody Arrangements and the Burden of Proof

1. Sole Physical Custody

Parents with sole physical custody enjoy a presumption in favor of relocating unless the other parent can show that the move would harm the child. That means judges typically allow a move unless there is evidence of detriment.

2. Joint Physical Custody

When parents share custody, courts treat relocation as if starting custody decisions anew. In that situation, the relocating parent must prove that the move is in the child’s best interest, presenting a comprehensive case and robust evidence.

What Factors Do Courts Consider?

The court evaluates a broad range of factors to determine whether relocation is appropriate. Guided by California Supreme Court precedents (In re Marriage of Burgess, In re Marriage of LaMusga), these include:

• Reason for the Move – Legitimate motives (e.g., employment, family support) support the move; suspicious motives (e.g., to limit visitation) weigh against it.
• Distance and Logistics – Longer moves demand more intricate visitation plans and may raise concerns about feasibility.
• Child’s Stability – Educational, community, and social attachments are weighed heavily.
• Parental Relationship – Willingness to facilitate visitation and maintain communication matters.
• Child’s Preferences – Older, mature children’s opinions may be considered.
• Parental Cooperation – Courts favor parents who work together to preserve the child’s relationship with both parties.

Mediation and Expedited Hearings

Recent reforms in California mandate mediation before a relocation case can proceed to court, encouraging parents to find constructive, co-parenting solutions. Additionally, courts now offer expedited hearings for relocation disputes to reduce delays and emotional strain on children.

Consequences of Moving Without Permission

Relocating without consent or legal approval—even temporarily—can have serious consequences. Courts may enforce contempt orders, require the child’s return, or even modify custody in favor of the non-moving parent.

How to Prepare for a Move-Away Case

If You’re Planning to Relocate:

• Carefully review existing custody orders for relocation clauses.
• Provide formal notice at least 45 days in advance.
• Attempt to reach a parenting agreement covering visitation, travel costs, and communication.
• Be prepared to justify the move’s legitimacy and show how you will preserve the child’s best interests.

If You Are Opposing a Move:

• File a prompt objection or “notice of intent to contest.”
• Collect evidence showing potential harm or disruption to custody/visitation.
• Emphasize maintaining the child’s relationship with you and preserving stability.

In both cases, professional legal guidance is critical—particularly when relocation impacts schooling, finances, or cross-state logistics.

Why Working With a Lawyer Matters

California custody and relocation laws are nuanced. Cases involving joint custody and long-distance moves are especially challenging. An experienced attorney can help interpret existing orders and statutory requirements, draft compelling filings and arguments under the California Family Code, negotiate through mediation toward a workable agreement, and represent your interests in court if necessary.

At Blasser Law in Claremont, our family law team supports parents across Los Angeles and the San Gabriel Valley through complex relocation cases. We help clients take proactive steps—preparing relocation notices, mediation strategies, and robust court presentations—always with the child’s best interests at the forefront.

Contact Blasser Law for Help With Relocation Issues in Los Angeles and the San Gabriel Valley

Relocating with your child in California requires more than logistical planning: it requires legal insight and emotional sensitivity. With proper notice, mediation, and legal counsel, many families reach solutions both parents can live with. But when consensus is out of reach, the courts are ready to intervene—always prioritizing children’s stability and well-being.

If you’re considering a move or facing an objection, don’t go it alone. Contact Blasser Law today for a consultation. We’ll guide you through notice requirements, courtroom preparation, and negotiation strategies so you can resolve relocation disputes and move forward with confidence.