Can a custodial parent move away with the child?
In California, a custodial parent may move away with the child if they have the permission of the court. This is known as a “relocation”. If the custodial parent wishes to move more than 100 miles away, they must first file a request with the court. The court will then look at the best interests of the child when deciding if the move should be approved. The court must consider factors such as the child’s relationship with the noncustodial parent and how the move might affect that relationship. They will also consider the child’s educational needs, the distance involved, the custodial parent’s reasons for moving, and any other factors the court deems relevant. The noncustodial parent also has the right to oppose the relocation in court. In these cases, the court will consider any evidence offered by both parents and decide if the move is in the best interests of the child. If the court decides against the relocation, then the custodial parent must remain in the same location. If the court does grant the relocation, the custodial parent must provide updated information about their new address to the noncustodial parent. The court may also modify the custody or visitation order to reflect the change in location.
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