California's high cost of living and excessive regulation have led many parents to consider whether to leave the state. The most common states people move to are Texas, Arizona, Nevada or Florida, where the cost of living is lower and taxes are lower or non-existent. However, if a parent with shared custody wishes to move away with the children, they must follow a specific legal process to ensure that the move is in the child's best interests. The move must be approved by the court through a court order as it impacts the non-relocating parent's custody/visitation rights. A parent cannot simply decide to move with the children without a court order. With the distance between the parents, the existing custody and visitation regulations will no longer be effective.
When a custody order is in effect, the moving parent must notify the other parent of their intention to move and often petition the court to modify the custody and visitation order. The parent who wishes to move must notify the other parent in writing at least 45 days before the planned move date. The notice should include the new address and contact information, the reason for the move, and the proposed new custody and visitation arrangements.
The parents can attempt to reach an agreement about the move, and the new custody/visitation plan can be incorporated into a court order by signing a relocation agreement and order with the new custody/visitation orders. In the best case scenario, this would be the case if the parents decide together whether the child can move with the other parent and what the new custody plan should look like.
If the parents cannot come to an agreement, the relocating parent must file a motion for relocation order (RFO) with the court. The RFO should explain the reasons for the move and how it is in the best interests of the child. The court will schedule a hearing on the motion to move. Often, the family court in Los Angeles will order a Parenting Plan Assessment (PPA2), in which a custody evaluator will evaluate the facts of your case and make a recommendation to the court as to whether the move should be approved and how the new custody/ The visit arrangement should look like this. The parties have the opportunity to question the expert in court and present their own witnesses.
The legal analysis in a relocation situation depends on the current custody agreement. A parent who has sole custody of a child has the presumptive right to change the child's location, subject to the court's ability to prevent a move that would “impair the rights or welfare” of the child, according to the Family Code 7501, which states: (a) A parent who is entitled to custody of a child has the right to change the child's place of residence, subject to the power of the court to prevent a move that would violate the rights or the would affect the well-being of the child. (b) It is the intent of the Legislature to affirm the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25 and to declare that decision to be the public policy and law of this State. Additionally, under California child custody law, the custodial parent does not have to prove that the move is “necessary” as long as the parent is moving in good faith. (See Marriage of Burgess (1996) 13 Cal.4th 25).
The noncustodial parent can then challenge the relocation by requesting a change in custody based on changed circumstances and detriment to the child. As discussed in Burgess , the noncustodial parent must demonstrate a substantial change in circumstances that makes it “essential or expedient to the well-being of the children” for a change in custody to occur. Family courts are given the greatest discretion in making orders and decisions in these circumstances because each case is unique and these orders determine where and with whom minor children will live based on the La Musga factors. The LaMusga Court provided California family court judges with a roadmap for determining whether to modify a custody order in light of a parent's proposal to change the child's residence. Below is a checklist of the LaMusga factors that family courts will consider:
- The child's interest in stability and continuity in the custody agreement.
- A significant change in circumstances.
- The distance of the movement.
- The child's age.
- The social impact of moving on the child.
- The impact on the child's education.
- The child's relationship with both parents.
- The relationship between parents.
- The child's wishes.
- The reason for the move.
- The extent to which parents currently share custody.
Relocations are typically “all or nothing” as there is little middle ground when one parent suggests moving the child to another state and the other parent requests the opposite. Distance becomes a real limitation in developing a custody agreement that would be in the best interests of the child. This process can be complicated, which is why the parties are best served with experienced and highly qualified legal representation.
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Please note that this article does not constitute legal advice and is not intended to be legal advice. The article is intended to provide general, non-specific legal information only. This article is not intended to cover all issues related to the topic under discussion. The specific facts applicable to your matter may cause the outcome to be different than you expected. This article creates an attorney-client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not an advertisement.
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Attorney Kenneth Ursua Reyes is a certified family law specialist. He was president of the Philippine American Bar Association. He is a member of both the Family Law Section and the Immigration Law Section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and the California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to practicing law. LAW FIRM OF KENNETH REYES, APC. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or email [email protected] or visit our website at Kenreyeslaw.com.
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Atty. Kenneth Reyes
Attorney Kenneth Ursua Reyes is a certified family law specialist. He was president of the Philippine American Bar Association. He is a member of both the Family Law Section and the Immigration Law Section of the Los Angeles County Bar Association. He has extensive CPA experience prior to practicing law. The Law Offices of KENNETH REYES, PC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or email [email protected] or visit our website at Kenreyeslaw.com.
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