Relocation (Move-Away) Cases in California Divorce

Learn how California courts evaluate parental relocation requests, what evidence carries the most weight, and how to protect your parenting time when distance becomes a factor.

Family saying goodbye at the airport before relocation

Moving with a child after divorce is one of the most contested situations in family court. California treats a “move-away” request differently from ordinary custody disputes because distance can erode a child’s relationship with the non-relocating parent. Two landmark cases—In re Marriage of Burgess (1996) and In re Marriage of La Musga (2004)—shape today’s legal standards. Burgess affirmed a custodial parent’s presumptive right to relocate, while La Musga refocused judges on the child’s best interest when custody is joint or contested. This guide breaks down the statutes, notice rules, evidence, and practical strategies on both sides of a move-away petition so you can prepare with clarity and confidence.

1. What Counts as a Move-Away?

California statutes do not set an exact mileage threshold, but a relocation becomes a “move-away” when it materially impairs the other parent’s ability to enjoy “frequent and continuing contact” guaranteed by Family Code §3020. A hop across town rarely qualifies; an 80-mile transfer that crosses a mountain range often does, and a 600-mile interstate move almost always triggers judicial scrutiny. Courts look at drive time, cost, airline schedules, and whether the child must change school districts. Even a short-distance move can be classified as a relocation if traffic patterns convert a 15-minute ride into a two-hour ordeal each way.

Parents sometimes attempt “de facto” relocations—quietly moving first and explaining later. Judges frown on this tactic: it undermines the statutory notice period and can swing temporary custody in the other parent’s favour. When in doubt, treat any move that disrupts the week-to-week routine as a potential move-away and follow the notice rules described in the next section.

2. Notice Requirements & Filing Procedure

Family Code §3024 requires the relocating parent to provide at least 45 days’ written notice before the proposed departure. The letter must state the new address (or city if safety is an issue), phone number, move date, and a proposed long-distance parenting schedule. Deliver notice by personal service or certified mail and keep proof.

If the other parent objects, either side should file a Request for Order (FL-300) and attach FL-311 (custody and visitation attachment) outlining the travel plan. Many counties mandate mediation orientation before the judge will hear evidence, so calendar your paperwork early. Late notice can prompt an emergency stay, especially when the move coincides with the start of a school term.

3. La Musga & Burgess: The Two Guiding Standards

In Marriage of Burgess, the California Supreme Court held that a parent with sole physical custody may relocate unless the move is in bad faith or harmful. This “presumptive right” tilts the scales toward the custodial parent, but only when the custodial status is clear and substantial.

Eight years later, Marriage of La Musga refined the analysis. When custody is joint, or the non-moving parent exercises significant parenting time, courts abandon the Burgess presumption and apply the best-interest factors in §§3011, 3020, and 3040. Judges examine motives, distance, educational disruption, and the child’s preference if age-appropriate. Practically, this means that even a primary custodian can be blocked from relocating if evidence shows emotional or developmental detriment. Understanding which standard applies is critical to framing your case strategy.

4. Key Evidence Judges Consider

Judges decide relocation cases on the totality of evidence rather than promises alone. Expect the court to weigh schooling continuity, extracurricular disruption, community ties, parent’s motives, and the feasibility of a technology-assisted schedule. If your teenager is at least 14, their stated preference can carry substantial weight under §3042.

Comparison of Obligations in a California Move-Away Case
Issue Relocating Parent Must Show Non-Relocating Parent Must Show Common Evidence
Notice & Good Faith 45-day written notice, legitimate reasons (career, family care) Late or strategic notice, bad-faith motive Notice letter, job offer, emails, timeline
Child’s Best Interest Comparable or better schools, safe housing Educational detriment, loss of support network School ranking, housing lease, counselor letters
Parenting Plan Viability Detailed long-distance schedule, travel funding Impractical travel, excessive cost, fatigue Flight schedules, cost spreadsheets, calendars
Child’s Wishes Neutral therapist report supporting move Child’s statement opposing move Minor’s counsel memo, therapist declaration

5. How to Oppose a Move-Away Request

Time is your enemy when you receive relocation notice. File your opposition promptly—most counties require at least ten court days before the hearing and some mandate a settlement-conference brief. Request a Evidence Code §730 custody evaluation or appointment of minor’s counsel if you need an independent lens.

Detrimental-impact evidence persuades: declining GPA when the child anticipates the move, support letters from coaches affirming the importance of local teams, or an IEP that would be disrupted midyear. Offer alternatives rather than a flat “no”: block-time summers, virtual homework sessions, or alternating holiday travel funded by both parents. Finally, resist self-help. Withholding the child to prevent relocation almost guarantees judicial backlash and potential contempt findings.

Child video-calling a parent after relocation

6. Temporary Orders & Stays Pending Hearing

Some parents pack boxes before the first hearing—forcing the court into emergency mode. To stop an imminent move, file an ex parte Request for Order citing immediate risk of abduction or severe detriment. Judges can issue a temporary stay, order the child returned, or require a financial bond under §3400 to deter flight.

If the move has already occurred, the court may still compel the relocating parent to fund travel so the child can appear locally for evaluation. Violating a stay order invites civil—and occasionally criminal—contempt. Where safety concerns exist, request supervised exchanges or a “move-and-return” order allowing the child to spend trial blocks in both regions until final judgment.

7. Long-Term Impact on Custody & Support

A granted move typically reshapes physical custody percentages, which in turn recalculates guideline child support. Judges also address travel-cost sharing under §3100.5, allocating airfare, lodging, or gas money so the non-moving parent isn’t priced out of visitation. Expect future modifications: once six months have passed—and the new arrangement proves workable—either parent can request updated orders through a modification filing.

Emotional impact lingers too. Children may feel disconnected despite video calls. Build a tech-friendly parenting plan: scheduled video dinners, shared digital calendars, and direct messaging for homework check-ins. Use our parenting-plan template to document these virtual touch points and keep both households engaged.

Frequently Asked Questions

California Family Code §3024 requires at least 45 days’ written notice so the parents can try mediation or file responsive papers before the move date. The notice must list the new residence, phone number, move date, and a proposed long-distance parenting schedule. Failing to give proper notice can be used as evidence of bad faith and may justify an emergency stay or a downward shift in custody. Deliver notice by personal service or certified mail and keep proof for the hearing.

Pre-purchasing tickets can backfire. Judges may view it as evidence that the relocating parent intends to pre-empt the court’s authority. Opposing counsel can ask the court to issue a temporary stay or require the parent to bear all costs if the trip must be cancelled. Always wait until the court approves the move—or at least grants temporary permission—before locking in travel arrangements.

Yes—if your child is at least 14, the court must hear from them unless doing so is clearly against their best interest (§3042). Testimony usually occurs in chambers with a court reporter and sometimes minor’s counsel. Younger children may relay views through a custody evaluator or therapist. Keep in mind the judge weighs the child’s maturity, consistency, and freedom from parental coaching when assigning weight.

Distance matters, but the core test remains the child’s best interest. A 200-mile in-state move can be harder on weekly visitation than a 400-mile flight with direct service. Judges focus on travel time, cost, and feasibility, not state borders. However, interstate moves implicate the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), so expect additional paperwork verifying California retains jurisdiction.

Educational continuity is one of the most persuasive factors. If the move occurs mid-semester, the relocating parent should present enrollment guarantees, class transfer plans, and strategies to minimize academic disruption. Conversely, the opposing parent can introduce attendance records, teacher letters, and extracurricular commitments to show that staying local better serves the child’s stability. Judges often delay relocation until summer unless the academic impact is negligible.

Key Takeaways

  • Provide 45-day written notice with a detailed long-distance parenting plan.
  • Understand whether Burgess or La Musga governs your case based on custody status.
  • Compile concrete evidence—school data, housing details, travel logistics—before the first hearing.
  • Opposing a move requires timely filings and persuasive detriment proof; alternative schedules help.
  • Temporary stays and bonds can prevent unilateral relocations pending trial.
  • Granted moves reshape custody percentages and may shift child-support and travel cost obligations.

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