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MOVE
AWAY

Temecula, California Attorney for Move Away Cases

Custody and Visitation Rights when One Divorced Parent Wants to Relocate

A Move Away Case is when one parent wants to move with the parties’ children out of the area — which will affect the other parent’s visitation with the children. The move can be within California, to a different state, or even internationally to another country. The mother or father may want to relocate immediately after divorce or separation, or the need to move might come up later, requiring modification of a child custody/visitation order.

These types of cases present some of the most difficult decisions for a judge to make. The law in this area can be very complicated, which is why you need an experienced child custody attorney to handle your move-away case. Temecula attorney Kim Roberts and attorney Michael Zatlin has handled many move-away cases and has that experience.

  • We have spoken to Michael Zaitlin on a few occasions. I appreciate his legal advice and knowledge regarding our matter. He’s upfront and you definitely feel that his priority is making sure his clients go in the best direction for their case. I recommend him if you need a good attorney.
    Michele


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California Law on Moving with a Child After Divorce or Separation

California is a permissive move-away state which allows the primary parent to move with the children unless the move will be detrimental to — or, roughly, will have harmful effects too — the children’s welfare. If the other parent is able to prove the move will be detrimental to the children’s welfare, then the court decides whether it is in the best interest of the children to move with the moving parent or to change custody and stay with the other parent.

If the request to move away occurs before there are final custody orders in your case, then the court uses only the best interest analysis and neither party has to prove a detriment. In addition to the usual factors the court looks at to determine what is in the best interest of the children, in a move-away case, the court must consider the effects that relocation will have on the health, safety, and welfare of the children.

Key Factors Courts Evaluate in Move-Away Disputes

When determining whether a proposed relocation is in a child’s best interest, California courts consider a wide range of factors designed to ensure the child’s physical, emotional, and developmental well-being. These factors include:

  • The child’s age, health, and emotional connection to each parent.
  • The quality of the current school and community environment.
  • The reasons for the moving parent’s relocation, and whether they seem genuine and focused on the child.
  • Whether it is feasible to maintain a meaningful relationship between the child and non-moving parent, through visitation schedules, communication, and travel.
  • The non-moving parent’s involvement in the child’s daily life and activities.
  • Potential impact of the move on the child’s stability and sense of security.

Courts also take into account practical considerations, such as the distance of the move, transportation costs, and each parent’s ability to maintain ongoing contact. For older children, courts may consider their preferences, as long as they are mature and reasonable. Providing compelling evidence about these factors through witness testimony, school records, expert opinions, and detailed parenting plans is essential to convincing the court that the proposed arrangement is in the best interest of the child in the long term.

  • Mr. Zatlin was amazing! He and his staff took care of everything for me. I highly recommend anyone looking for representation to give them a call. You will not be disappointed. Thank you for all you did to help me in my case Mr Zatlin.
    Steven

Distinguishing Between Sole and Joint Physical Custody Scenarios

The legal standards for cases involving move-away can vary significantly depending on whether parents have joint physical custody or one parent is designated as the primary custodian. If a parent with sole custody wishes to relocate, California law gives that parent more leeway, requiring the other parent to demonstrate harm before the court considers changing custody arrangements. However, if parents have equal physical custody – meaning the child spends equal time with each parent – the court may adopt a more balanced approach from the beginning, weighing the pros and cons of relocation for both families, without requiring an initial showing of harm.

This distinction highlights the importance of accurately describing your current custody arrangement and understanding how it affects the legal process in your case. Our lawyers carefully review your court order, parenting plan, and actual parenting time to determine which legal basis applies and to develop arguments that align with the relevant standard. Whether you are a parent seeking to change arrangements or a parent opposing a change, having legal counsel who understands these procedural details can significantly influence the outcome of your case.

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Experienced Advice in Child Move Away Cases

Having a family law attorney experienced in move-away cases is important, both in negotiations and deciding what information to present to the court.

Roberts & Zatlin Family Law, located in Temecula, serves clients in Temecula, Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your legal needs. We look forward to working with you.

Common Move Away FAQs

What exactly is a “move away” case in California family law?

A move away case arises when a parent who has custody of a child wants to relocate with that child to a different city, state, or even country, and the move would significantly impact the other parent’s visitation or custodial time. These cases can involve moves within California – for example, from Temecula to Northern California – or out-of-state moves to places like Nevada, Texas, or Florida. International relocations are also possible. Move away requests can happen immediately after a divorce or separation, or years later when a parent’s job, family, or new marriage necessitates a change. Because these cases require modifying existing custody orders, they are among the most complex and emotionally charged matters in family law.

Is California considered a “friendly” or “restrictive” state for move away requests?

California is generally considered a permissive move away state. This means that if you are the primary custodial parent, the court will typically allow you to move with your child unless the other parent can prove that the move would be detrimental to the child’s welfare. In other words, the burden of proof often falls on the parent opposing the move. However, this is not a blank check. The court still performs a detailed best interest analysis, and if the move is found to be harmful to the child’s emotional or physical well-being, the request can be denied or custody may be modified.

What factors do Temecula family courts consider in a move away case?

California courts weigh numerous factors to determine whether a move is in the child’s best interest. These include: the child’s age and health, the strength of the child’s relationship with both parents, the distance of the move, the reason for the relocation (e.g., a better job, family support, or a new spouse’s career), the extent to which the move would impair the non-moving parent’s visitation, and whether a reasonable visitation schedule can be arranged. Additionally, the court considers the child’s ties to their current school, community, and extended family. No single factor is decisive; the judge balances all relevant circumstances.

What if there are no final custody orders yet? Does that change the analysis?

Yes, significantly. If a parent requests to move away before the court has issued final custody orders, the “detriment” test does not apply. Instead, the court uses only the best interest of the child standard, and neither parent has to prove that the move would be harmful. This is an important distinction that can affect legal strategy. In some cases, a parent may rush to file a move away request early in the proceedings before custody is finalized. An experienced attorney can advise you on how the timing of your request impacts your burden of proof and likelihood of success.

Can the non-moving parent stop the move entirely?

It is possible, but not guaranteed. If the non-moving parent can prove that the proposed relocation would be detrimental to the child’s health, safety, or welfare – for example, by showing the move would separate the child from critical medical care, a supportive school environment, or a strong bond with extended family – the court may deny the move away request altogether. Alternatively, the court could order a change in custody, allowing the child to stay in the Temecula area with the non-moving parent while the moving parent relocates alone. Each case turns on its specific facts, which is why skilled legal representation is essential.

How does the court handle visitation if the move is approved?

If the court grants the move away request, it will also modify the visitation schedule to protect the non-moving parent’s relationship with the child. This often means longer but less frequent visits, such as the entire summer break, all winter and spring school vacations, and extended weekends. The court may also adjust child support calculations, since travel costs for visitation are often shared or assigned to the moving parent. In some cases, the court orders virtual visitation via video calls to supplement in-person time. A well-crafted visitation plan is critical to keeping both parents meaningfully involved in the child’s life.

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