Making the decision to move your child out of state and away from their other parent can be a difficult one, especially if there is contention within the family regarding the move. Your child’s other parent may not be happy about it; your child may not even be happy about it; and you may be questioning if it is the right thing to do or wondering, “Can you move out of California State with child custody?”
Many of California’s laws are based on the federal Uniform Child Custody Jurisdiction Act, which breaks down interstate custody jurisdiction for cases that aren’t easily defined under regular state custody laws.
Can You Move Out of California State With Child Custody?
But when it comes to the fundamental question, ‘Can you move out of California state with child custody?’ the answer depends on the circumstances. Quite simply, no, you cannot just up and leave with your child and move to another state, even if you have child custody. However, yes, it is possible if you follow the simple but sometimes drawn-out process outlined by California family courts.
When there is an urgent need for the interstate relocation of you and your child, there needs to be consideration for the child’s well-being. These types of spontaneous moves aren’t always healthy for children’s emotional and mental health, especially if they’ve moved before. It is important to consider all the options before making a decision that turns everyone’s lives upside down, including your child’s other parent.
Anytime conflict arises between divorced parents, the children are affected in some form, whether witnessing the conflict firsthand or feeling the secondhand negativity from one or both parents. Moving suddenly without sufficient time to plan, adjust, and modify court custody orders can make the event more stressful and traumatic for all involved.
Working out a plan can soften the blow for your child. For instance, letting your child stay in their home state with the other parent until things settle down can make things easier for everyone. Alternatively, you could pursue 50/50 custody, if possible.
Parental Kidnapping
The one sure thing you must do, though, is notify the court. If you don’t have court-ordered permission via a custody order to leave the state permanently with your child, you could be charged with parental kidnapping.
Parental kidnapping is also known as custodial interference or parent-child abduction. It involves one parent keeping a child from the other parent, either by hiding them, leaving the state, or a similar act that violates the other parent’s parental and custody rights. Parental kidnapping is a felony and can result in the loss of all visitation rights with your child.
Moving With Custody in California
Ultimately, to answer the question, ‘Can you move out of California state with child custody?’ the answer is yes and no. It is perfectly okay to move with your child out of California if you follow the legal protocol according to California child custody laws. This includes filing a Request for Order with a California family court if you have an existing custody order. The existing order would need to be updated to incorporate your new out-of-state parenting schedule.
There is still a chance that your request will be denied by a judge if the court finds the move detrimental to the child. This can occur if the child’s other parent presents evidence of relationships that will be damaged or parenting time that will be compromised or diminished by the move. Having a solid parenting schedule that includes travel plans and funding for travel plans can potentially optimize the chance of the court approving your request.
In cases that are legitimately arguable, or if your child’s other parent is strongly contesting the move, it can help to have an interstate child custody lawyer counsel you and represent you in your case. Even if you don’t have an existing custody order, you still must have consent from the other parent and the court to relocate the child to another state.
FAQs
Can I Move to a Different State With My Child Without the Father’s Permission in CA?
No, you cannot move out of state with your child without their other parent’s permission in California. You must have a court order, a modified custody order, or written consent from the other parent, even if you don’t have an existing custody order or shared custody order. Both parents have rights to their children in California, and leaving with someone’s child without their permission or knowledge is a violation of their parental rights.
Can I Move Out of California if I Have Full Custody?
You can move out of California with full custody by filing form FL-300, which is a ‘Request for Order’ form to modify your current custody order. The court may approve the request as long as the move doesn’t negatively affect the child or the child’s relationship with the other parent. The child’s other parent may present evidence that it would not be in the child’s best interest to move, which may affect the court’s decision to approve the request.
Can I Move Out of State With My Child if I’m Not Married?
Even if you are not remarried or did not marry the child’s other parent, if you don’t have a current custody court order, you still need the other parent’s permission or a court order that allows you to move with the child. Failure to relocate without taking the proper legal action could result in parental kidnapping charges being filed against you.
Can My Ex Stop Me From Moving Out of State?
An ex-partner cannot stop someone from moving out of state. However, if you have children together, you must get your ex’s permission if they are the other parent of the children. If you have a court custody order, you must file a Request for Order to amend the custody agreement and incorporate a parenting plan for visitation that includes an out-of-state schedule. If the court finds the relocation in the child’s best interest, your request will likely be approved.
If you need an experienced family law attorney who knows the law and understands the complexities of California Family Court, contact The Dorie A. Rogers, APC, to discuss your request and answer your questions regarding an out-of-state move with your child.
