Can My Ex Move Away With Our Child If We Share Custody
A shared custody plan means you and your co-parent have worked out how to raise your child, even if you are no longer together. But what happens if one parent decides to move a significant distance away, maybe even out of Cerritos?
If your ex wants to move out of Cerritos or out of California entirely, you might be worried about your connection with your child, their settled life, and what you should do next. You are not the only one going through this. Fortunately, California has clear laws regarding out-of-town moves, and there are steps you can take to protect your parenting rights.
At RM Law Group LLP, we are here to help you understand your rights and advocate for what is best for your child. Our Cerritos child custody lawyers will be with you every step of the way and ensure that your parenting rights are protected.
When a Parent Wants to Move
In California, if you have joint physical custody, one parent cannot just pack up and move far away with the child without either your agreement or a court order. This holds true even if the new place is still in California. Why? Because a move can drastically change a child’s life and their relationship with the parent who is staying put. The law recognizes the importance of children having regular and ongoing contact with both parents. You can find this in California Family Code Section 3020.
If your co-parent in Cerritos wants to relocate with your child, they must notify you. California law says the parent moving must give you written notice at least 45 days before they plan to go. This notice should include details about where they are moving and how they suggest visits will work. That 45-day window gives you time to figure things out, see what this means, and decide if you agree or if you will object.
What Joint Physical Custody Means for a Move
When you and your co-parent share joint physical custody, the parent who wants to move has a tougher job. They need to show the court that the move is truly in the child’s best interest. The court will not just assume the move is good for the child. When a move directly impacts the current shared schedule and the child’s bond with both parents, it is a big deal. It means the moving parent has to explain to a judge why this move is good for the child’s well-being.
What the Court Looks At
If you do not agree to the move, the court will set up a “move-away” hearing. Here in California, a judge will look at many things to decide if the move is in your child’s best interest. That is the main rule for all child custody decisions. The court will consider:
- The Child’s Age and Health: How a move affects a little kid might be different from how it affects a teenager. Your child’s health needs also matter.
- The Child’s Connection to Their Current Community: This includes their school, their friends, and any activities they do here in Cerritos. Pulling a child out of a stable community can be very hard on them.
- Why the Parent Wants to Move: The court will look at the reason for the move. Is it for a good reason, like a new job that really makes the child’s life better, or is it a way to mess with your relationship with the child?
- How the Move Affects the Child’s Relationship with the Parent Staying Behind: This is a huge factor. The court wants to ensure that your child can maintain a strong and important relationship with both parents. If the move makes visits tough or too expensive, the court will pay close attention to that.
- Each Parent’s History of Being Involved: How much have both parents been part of the child’s life so far? The court will consider who has been present for school events, doctor appointments, and daily life.
- The Child’s Wishes: If your child is old enough and mature enough to express their preferences, the court will consider them. California Family Code Section 3042 says that if a child is old enough to understand custody or visitation, the court must listen to their preferences. For children 14 or older, the court must allow them to speak to the court, unless it is not in their best interest.
- The New Parenting Plan Proposed: The parent who wants to move should show a clear plan for how they will make sure the child still has a relationship with the parent who is not moving. This might include longer visits during school breaks, splitting travel costs, and regular video calls.
The court’s job is to protect your child. It makes decisions that are truly about their well-being, not just what one parent wants.
If You Object to the Move, Here is What You Can Do
If your co-parent tells you they want to move with your child and you believe it is not good for your child, you need to act fast. Gather as much information as you can and call our law firm immediately.
Key information to gather includes:
- School records and letters from teachers or counselors here in Cerritos.
- A calendar showing how consistently you have been involved in your child’s life.
- Information about how the move might affect your child’s feelings or social development.
- A different custody plan, showing how you could provide stability if your child stayed with you.
Before a court hearing, parents often have to try mediation. This is your opportunity to collaborate with your co-parent and a neutral third party to find a solution that works for everyone, particularly your child. Mediation can help you reach an agreement without a judge having to decide for you.
Contact Our Cerritos Child Custody Lawyers
Dealing with a potential move-away case can be one of the hardest things you might go through. It affects your relationship with your child and the future you pictured for them. You do not have to handle this alone. If your ex wants to move away with your child from Cerritos, or if you are considering moving yourself, our law firm can help.
Our Cerritos child custody lawyers can help you understand California law, prepare your case, and speak up for what is best for your child. Do not let not knowing what to do stop you. Take the first step toward securing your child’s future.
Give us a call at RM Law Group LLP today at 949-620-6200 or fill out our confidential contact form.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
