Parents living in California who break up or divorce usually share custody. They talk with one another about major decisions and each spends a certain amount of time with their children. Shared custody typically requires a degree of proximity. If either parent subject to a custody order decides to relocate with the children, they may need to secure pre-approval from the other parent or the family courts.
When is pre-approval for a parental move necessary?
When it may impact parenting arrangements
Many custody orders have rules related to relocations. They may require advanced notice and pre-approval in cases where one parent intends to move out of a school district, a township, a county or the state. In general, any relocation that is significant enough to affect custody arrangements requires pre-approval. Significantly increasing the distance between parental houses can make it more difficult to share parenting time.
Even when a relocation is relatively minor, providing 45 days of advance notice to the other parent is often beneficial. In many cases, the parents can work out any adjustments they need to make to their custody arrangements on their own. They can pursue an uncontested custody modification by cooperating with one another.
If they cannot cooperate, then the matter can go before a family law judge. Careful adherence to the right procedures can increase a parent’s chances of securing approval from the courts in a contested relocation scenario.
Understanding the rules that govern potentially contentious family law matters, such as changes to custody arrangements, can be helpful for those in difficult situations. A parent planning to relocate can improve their chances of success with legal compliance and appropriate communication.