Move Away Cases with Child Custody Investigation

Relocating with a minor child can be a complex and emotionally charged issue, especially when co-parenting is involved. Whether you are the parent seeking to move or the parent opposing the move, it’s important to understand how the court evaluates these cases. In move-away cases, the court’s primary concern is the child’s best interest, and the process varies depending on existing custody arrangements.

If you are considering moving out of the county or state with your child—or your ex-partner has notified you of their intent to relocate—it’s crucial to understand your legal rights and responsibilities. Here’s what you need to know about how California courts handle move-away cases.

Does One Parent Have a Right to Move with the Child?

The way the court approaches a move-away case depends on the current custody arrangement:

• If one parent is the primary custodian (having more than 50% custody), they have what’s known as a presumptive right to move with the child. This means that the parent seeking to relocate doesn’t have to prove that the move is necessary or beneficial—the burden is on the other parent to show that the move would cause significant harm or detriment to the child. However, the court will not consider the effect of the move on the parent-child relationship alone as enough reason to block the relocation.
• If parents share equal custody (50/50) or no formal custody orders exist, the court will conduct a more in-depth evaluation to determine whether the move is in the child’s best interest.

If a parent with primary custody wishes to move, the other parent must present a strong case to convince the court that the move would negatively impact the child’s well-being beyond just affecting the relationship with the non-moving parent.

How Does the Court Determine a Move-Away Request?

In cases where custody is equal or undecided, the court looks at multiple factors to determine what would serve the child’s best interest. These factors include:

• Stability – Which location offers the child the most consistency and security?
• Parental Cooperation – Which parent is more likely to encourage and facilitate co-parenting and visitation?
• Distance of the Move – How far is the move? Would it make regular visitation with the other parent difficult or impractical?
• Extracurricular & Social Ties – How deeply involved is the child in school, sports, and other activities in their current location? Would the move disrupt these connections?
• Family Support – What does the support system look like in both locations? Does the child have close relatives, such as grandparents or siblings, in one location versus the other?

Ultimately, the judge decides where the child will thrive the most rather than what is most convenient for either parent.

The Court Assumes the Moving Parent Will Relocate

An important aspect of move-away cases is that the court does not base its decision on whether the moving parent will stay if the child is not allowed to relocate. Instead, the court assumes that the requesting parent will move regardless of whether the child can go with them.

This means the court will not create alternative custody orders that assume the parent will stay put if the request is denied. Instead, the judge will make a ruling based solely on the fact that the requesting parent is relocating and whether it is in the child’s best interest to move with them.

Why Move-Away Cases Require Legal Guidance

Since move-away cases involve complex legal and emotional factors, they often require court intervention. If you’re seeking to relocate or trying to prevent your child from moving away, it’s essential to act quickly and consult with an experienced family law attorney.

At JWB Family Law, we understand the urgency of move-away cases and can guide you through the legal process to ensure your case is heard in a timely manner. Whether you need to file for relocation approval or contest a move, we are ready to fight for the best possible outcome for you and your child.

If you are considering a move or have not been notified that your co-parent intends to relocate, call (619) 777 5842 or click here to schedule your consultation. We’ll help you navigate the legal process and ensure your child’s best interests remain the top priority.