When a parent in California plans to relocate with a child, they may need to file a move-away petition with the court that issued the original custody order. This is a formal written declaration that requests the court’s permission to move with the child and modify the existing custody arrangement.
If you are a custodial parent, you generally don’t have to get the court’s permission if you are only relocating within the state. However, you may need to file this petition if the move would significantly affect the non-custodial parent’s visitation rights. This may be necessary if you’re planning to move out of state or to another country.
Current situation and proposed changes
Move-away petitions typically start by stating your current custody arrangement. You must then provide details about your proposed move, including:
- Where you want to move and how far it is from your current home
- When you plan to move
- Reasons for moving, such as for a new job or to be closer to family
Given the potential impact on the non-moving parent’s time with the child, these petitions must also include proposed changes to the visitation schedule. This might involve suggestions for longer but less frequent visits or plans for using technology to maintain regular communication.
Supporting documentation
Supporting materials can help substantiate the reasons for the move and demonstrate how it could benefit the child. Common types of documentation include:
- Employment-related documents such as offer letters, contracts or transfer notices
- Details about schools in the new area, including academic programs, extracurricular activities or special services that might benefit the child
- Housing details such as lease agreements or purchase contracts
- Information about medical facilities or specialists in the new area that could better address the child’s health needs, if applicable
It’s important to note that while supporting documentation can be helpful, the court will consider many factors when making its decision, not just the reasons for the move.
Cover all your bases
Every relocation case is different, and courts look at many factors when making decisions. What you need to include in your petition depends on your own situation. An attorney can help make sure you don’t miss anything important.
