Can the custodial parent move out of town with my child?

Full question:

Can the Mother of my child of 16 years of age take my child and move out of town even though we have joint custody?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: California

Answer:

After a divorce, it’s common for one parent to want to move, whether for a job or to be closer to family. If the custodial parent wishes to relocate, the non-custodial parent can object, and the court will decide if the move is in the child's best interest.

Courts typically consider several factors:

  • Will the move improve the child's school or community?
  • Is the custodial parent's motive to harm the non-custodial parent?
  • Is the non-custodial parent's objection motivated by a desire to harm the custodial parent?
  • Can the non-custodial parent maintain significant contact with the child?
  • What has been the nature of the non-custodial parent's contact with the child?

In cases where moves have been denied, a common theme is strong involvement from the non-custodial parent, showing consistent support and a loving relationship with the child. The court will also consider the impact on the child's relationships with grandparents and other important figures in their life.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A father can object to a mother moving away with their child, especially if they share joint custody. The court will then evaluate whether the move is in the child's best interest, considering factors like the child's well-being and the father's involvement in their life. If the father can demonstrate that the move would negatively impact his relationship with the child, the court may deny the relocation request.