What happens if I want to move with my child?

Parents may have a number of reasons why they have to leave the Monterey area. For instance, a job opportunity may require a move to another state, or a family obligation could make it necessary to move to another part of California.

A parent who wants to move has to notify the other parent

As is the case with other states, California has certain rules that parents who are subject to a California court’s custody order have when it comes to a so-called move-away situation.

For one, a court may require a parent who has custody of a child and who wants to move to notify the other parent and the other parent’s attorney. If the court does so, the parent will have to give 45 days of advance notice.

A parent’s rights will depend on the custody order

However, it is important to note that if a parent has sole physical custody, they may move away with the child unless the other parent files a timely and proper objection with the court overseeing the case.

On the other hand, if parents have joint physical custody, an objection will legally stop the move unless the parent wanting to move obtains a court order that says the other parent may move.

As a refresher, a parent with sole physical custody spends considerably more time with their child than the other parent. On other hand, parents with joint physical custody spend about the same time with each parent, although the time need not be divided 50-50.

Move-away disputes can be very complicated

If a parent has basic questions about their rights to move away, then they should check over his court order first. However, they could easily find that they will need professional legal assistance.