California Custody Laws Moving Out Of State. Legal Requirements for Moving Out of State The custodial parent should provide the court with a written notice informing any plan of moving out of state with the child including the reasons for the move According to California state law the parent should submit the written notice at least 45 days before the date of the move.
In California a judge does not have the authority to bar a parent from relocating after a divorce Nevertheless judges can alter custody arrangements to serve a child’s needs if a parent moves outofstate Judges will prioritize the child’s best interests when deciding on child custody in California.
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If both parents have custody of a child and one parent wants to travel out of California or out of the country for a discrete amount of time generally all that is needed is permission from the other parent.
Can You Move OutofState if You Have Sole Custody in California?
The California law affecting a sole custody parent’s right to move out of state with a child is complicated and has evolved over the years based on new court rulings in such cases but there is a general legal principle that a parent with sole custody has a “presumptive right” to move away with a child out of the state A presumptive right means that the law will presume that the parent can do this but the other parent can nevertheless raise objections which a court may use to.
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Generally a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children But it is not always clear whether a custody order is permanent or temporary so what the law requires may be different in your case.