Move-Away (Relocation)

Move-Away Cases in California

A proposed move can substantially affect a child’s relationship with both parents and may require the court to reconsider an existing custody and parenting-time arrangement. Move-away cases often arise when a parent wants to relocate to another part of California, another state, or another country with the child.

I represent parents in Berkeley and throughout the Bay Area who are seeking permission to relocate with a child or opposing a proposed move. These cases require careful preparation because the court’s decision may reshape the child’s school schedule, travel arrangements, holidays, and day-to-day relationship with each parent.

California Move-Away Law

California Family Code section 7501 recognizes that a parent entitled to custody has a right to change a child’s residence, subject to the court’s authority to restrain a move that would prejudice the child’s rights or welfare. The legal analysis depends on the existing custody orders, the parties’ custodial arrangement, and the circumstances of the proposed relocation.

The court’s central concern is the child’s best interest. Relevant considerations may include the distance of the move, the child’s age and needs, the child’s relationship with each parent, the reasons for the proposed relocation, the parents’ ability to communicate and cooperate, and whether a workable parenting plan can preserve the child’s relationship with the nonmoving parent.

Preparing or Opposing a Relocation Request

A parent requesting a move should be prepared to present a realistic plan addressing housing, schooling, transportation, travel costs, electronic communication, holidays, and extended parenting time. A parent opposing the move should act promptly and clearly explain how the proposed relocation would affect the child’s welfare and relationship with that parent.

Move-away disputes can sometimes be resolved through negotiation or mediation. When an agreement is not possible, I represent clients in contested custody proceedings and present the factual and legal issues necessary for the court to make an informed decision.

Contact My Office

If you are considering relocating with your child or have learned that the other parent intends to move, contact my office to discuss the circumstances, the existing custody orders, and the available options.

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