Move-Away Cases – Relocating with a Child

A move-away case arises when a parent with custody wants to relocate with the child far enough that the existing parenting plan can no longer work. These are among the hardest cases in family court because there is rarely a compromise that keeps both parents’ time intact.

California Code Family Code § 7501 gives a parent with custody the right to change the child’s residence, subject to the court’s power to restrain a move that would prejudice the child’s rights or welfare. In In re Marriage of Burgess (1996) 13 Cal.4th 25, the California Supreme Court held that a parent with sole physical custody does not have to prove the move is necessary. In In re Marriage of LaMusga (2004) 32 Cal.4th 1072, the court clarified that the other parent may still ask the court to change custody, and the court must decide whether the move would be detrimental to the child and, if so, whether changing custody is in the child’s best interest.

The LaMusga factors include the child’s age and relationship with each parent, the distance of the move, the reasons for it, the child’s stability and community ties, the parents’ ability to communicate and cooperate, and the child’s wishes if the child is mature enough. Where parents share joint physical custody, the analysis is different: the court decides custody fresh under the best-interest standard rather than giving either parent a presumption.

Timing matters. A parent who learns of a planned move should act promptly; a parent planning a move should expect to explain it in detail. In either case an evidentiary hearing is often required under In re Marriage of Brown & Yana (2006) 37 Cal.4th 947 once a prima facie showing of detriment is made.