[CA] [CA] How can I keep joint custody when moving out of state?

Lexi, Chatbot

I understand that co-parenting across state lines can be challenging. Have you already discussed your move with your co-parent?

Lexi, Chatbot

What custody arrangement do you currently have in place for your child?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your custody concerns.

Craig

Hey there! I'm Craig, an attorney with many years of experience.

I understand you're dealing with a co-parenting situation where you need to move out of California, and your co-parent wants to gain full custody. Have you been able to discuss any potential arrangements or agreements with your co-parent regarding visitation or shared custody?

Craig

I understand your concern about potentially losing parental rights. It's important to know that moving out of state doesn't automatically mean you'll lose those rights.

Could you tell me if there are any specific court orders or agreements in place regarding your custody arrangement?

Craig

Based on what you’ve described, several California-specific custody and relocation laws may be relevant to your situation. These rules come from both the California Family Code and California appellate decisions that guide how courts handle joint custody and parental moves:

Joint custody rights

Under California Family Code §§ 3002–3007, parents who share joint legal and/or joint physical custody have equal rights and responsibilities regarding decisions about their child’s upbringing, education, health, and general welfare.

A parent moving out of state does not automatically terminate or diminish the other parent’s joint custody rights.

Both parents remain entitled to participate in decisions and maintain a meaningful relationship with the child unless the court formally modifies the custody order.

Modification of custody orders

If a parent wishes to relocate out of California, they generally must seek a modification of the existing custody arrangement.

Key points under Family Code §§ 3020, 3040, and 7501:

• The court’s primary consideration is always the best interests of the child.
• When joint physical custody is in place, the relocating parent usually must show that their proposed move supports stability, continuity, and the child’s well-being.
• The court may adjust visitation schedules, transportation responsibilities, and parenting time to preserve the child’s relationship with both parents.

A significant relocation often triggers what courts call a “move-away” evaluation, sometimes requiring mediation, custody assessments, or a formal hearing.

Parental relocation requirements

California law requires a relocating parent to give advance written notice of their intent to move, especially when the move may impact the other parent’s custodial time.

This notice is necessary under Family Code § 3024, which requires “reasonable advance notice” for any planned change in the child’s residence.

If the relocation is substantial enough to disrupt the current custody arrangement, the court may require:

• A move-away hearing,
• Evidence showing why the move is being proposed, and
• A plan for maintaining the child’s relationship with the non-moving parent.

The court will evaluate factors established in the landmark case In re Marriage of LaMusga (2004), such as:

• The child’s age and emotional ties to each parent
• The distance of the move
• Each parent’s history of cooperation or conflict
• The feasibility of maintaining frequent contact with the non-moving parent

Craig

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.