Even the most workable child custody arrangement might need to be modified if one parent has to move to accept a job opportunity, serve in the military or deal with a family matter. Under California law, the court must be consulted if a relocation request will have a significant impact on a co-parent's custody and visitation rights.
It is necessary to take steps to protect parental rights when either parent moves away, regardless of whether the child will be moving, especially when the move impacts one parent's time spent with the child. Due to the relocation, the family court will need to alter the child custody agreement so the parent-child relationship can be maintained for both parents and the child.
When deciding to modify a current child custody arrangement, the court will consider the motives behind the request (i.e. if one parent wants to move away to punish the other parent or to taint the relationship between the other parent and the child) - when one parent wants to relocate and take the child with him or her - as well as a number of factors, including:
- The distance of the move - a short-distance move is more likely to be granted than one to a different country
- Each parent's relationship with the child
- Child's interest in continuing the current arrangement
- Age of the child
- Child's preference (if the child is of sufficient age and maturity to express an opinion)
- Viability of current arrangement in light of the move - a short move might have no significant impact on the current arrangement or have a token effect, but a long-distance relocation might necessitate a whole new custody arrangement
The court can also consider other factors if a given situation dictates, so it is important that a party who is either seeking a move or challenging a relocation to make clear and concise arguments in favor of their position. Those arguments can be skillfully made by an experienced family law attorney in your area, so if you are involved in a parental move-away, consult one today.














