What steps must I take to legally move with my child to another city or state if I share custody in California?
To legally move with your child to another city or state, you must either obtain the other parent's written permission or get a court order allowing the move. The process is based on ensuring the move is in the best interest of your child.
Here are the steps you must take:
Step 1: Review Your Current Custody Order
First, carefully read your current court order for custody and visitation. It may include specific instructions or restrictions about moving the child's residence, which you must follow.
Step 2: Talk to the Other Parent and Seek a Written Agreement
The simplest way to move is with the other parent's consent. Discuss your plans with them. If they agree, you must put the agreement in writing. This is typically done through a formal "Stipulation and Order," which you both sign and then file with the court to make it an official, enforceable order.
Step 3: Provide Formal Written Notice
If you cannot reach an agreement, California Family Code Section 3024 requires you to give the other parent written notice of your proposed move at least 45 days before the moving date. The notice should state your intent to move and provide the location.
Step 4: File a "Request for Order" If the Other Parent Objects
If the other parent does not agree to the move, you must file a "Request for Order" (Form FL-300) with the Superior Court that handled your custody case. You will ask the judge for permission to relocate with your child and must serve the other parent with a copy of the filed documents.
Important details and nuances:
The court's decision will be based on the "best interest of the child." A judge will evaluate many factors, including the child's need for stability, their relationship with both parents, the distance of the move, and the reasons for it. If you have sole physical custody, you have a presumptive right to move, but the other parent can challenge it by showing the move would be harmful to the child.
Warnings and limitations:
Never move with your child without a written agreement or a court order. Doing so violates the other parent's rights, can result in the court ordering you to return the child, and may cause a judge to modify your custody rights unfavorably. These "move-away" cases are often very complex.
This is general information and does not constitute legal advice. For complex situations, especially if the other parent objects to the move, you should consult with a qualified California family law attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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