Can My Ex Leave California With Our Child?
Posted in Child Custody,Co-Parenting,Relocation on September 26, 2024
A divorce case involving kids is complicated. The parents or courts will come up with a custody agreement each spouse must obey. If one spouse breaks the terms of the agreement, it can lead to serious criminal repercussions. Leaving the state with a child, for example, could be against the custody agreement and the law depending on the situation. A respected Del Mar child custody and visitation attorney can help you safeguard your rights and ensure any decisions made are in the best interests of your children.
Table of Contents
California Child Custody and Parenting Time Rules
What Happens if One Parent Wants to Relocate?
Factors That Could Influence the Judge’s Decision
What Are the Consequences of Leaving the State With a Child Without Permission?
Get Help From a Family-Oriented Child Custody Attorney Today
California Child Custody and Parenting Time Rules
Whether or not your ex-spouse can leave the state with your child depends on the terms of your custody agreement. It can also depend on your relationship with your ex-spouse. In general, the parent wanting to take the child out of state will need the other parent’s permission if they share custody, especially if it will interfere with the other parent’s right to visitation.
If your ex-spouse claims he or she could not find you to ask for permission, your ex-spouse will need to go to court for permission instead. A judge in California will have to agree to let your ex-spouse take your child out of state. A judge may not grant permission if your ex-spouse has restrictions on leaving the state or country with your child, such as a probation agreement according to the California Court’s Family and Juvenile Rules. If a judge does grant permission, your ex-spouse will have to leave information such as where your child will be and how long they will be gone.
What Happens if One Parent Wants to Relocate?
Some divorce cases involve one parent wanting to permanently move out of state or far enough away that it will disrupt a custody agreement. These are move-away cases. Typically, only the parent with sole custody will have the right to move out of the state with a child. In this case, the parent with sole custody does not need the other parent’s permission. The noncustodial parent may argue in court, however, that the move is bad for the child.
If both parents share custody, moving away becomes a complicated legal matter. The parent who is not moving will have to give the other parent permission to move with the child per the California Judicial Branch. If you do not want your spouse to move out of state with your child and you share custody, deny permission. Your ex-spouse will then have to go to a judge to request permission. Your spouse would have to demonstrate the move is in the best interest of the child.
You may be able to work together with your ex-spouse to adjust your parenting agreement to accommodate a move out of state, as described by the California Courts. You could create a new custody plan with a different visitation schedule, for example, to accommodate the greater distance. A new parenting plan drafted with assistance from a dedicated Solana Beach divorce attorney could still allow you to have quality time with your child if he or she moves out of state.
Factors That Could Influence the Judge’s Decision
Multiple factors will be taken into consideration when determining whether the judge approves your relocation request. First, they will look into whether your existing physical custody order is permanent and what your current custody situation is. If you have sole physical and legal custody of your child, the judge may be more likely to grant your request. However, even those joint physical and legal custody arrangements may still be able to get their relocation request approved as long as they can prove it is in the best interest of the child.
If you do not have a permanent custody order in place, the judge has the discretion to decide whether your request should be granted depending on what is in the best interest of the child. Some of the different considerations that the family court will take into account as described by the California Courts include:
- How far away you are hoping to move
- How old your child is
- Whether your child has a strong relationship with their other parent
- Your current custody situation
- Whether your child has regular contact with their other parent
- What the child wants, depending on their age
What Are the Consequences of Leaving the State With a Child Without Permission?
If your ex-spouse leaves the state or country with your child without notifying you or obtaining permission, it may be possible to press charges. First, try to contact your ex-spouse and find out if it was a misunderstanding. Your ex might have thought you gave your permission for the trip, for example. If you believe the breach of your custody agreement was intentional and your children are in danger, call 911 to report a parental kidnapping. Give the police a detailed description of your ex-spouse and your child, as well as the vehicle you believe your ex is driving.
A conviction for parental kidnapping in California could lead to serious penalties. Child abduction comes with a potential prison sentence of two, three, or four years, as well as a fine of up to $10,000 as described under California Penal Code 278. Even if your ex-spouse does not face criminal charges for leaving a jurisdiction with a child, he or she could face penalties from the family courts. A judge may agree to modify your custody agreement to give you sole custody or more parenting time after this type of incident, for example.
Get Help From a Family-Oriented Child Custody Attorney Today
Whether you are a parent hoping to relocate to give your child a better life or a parent hoping to prevent your child from relocating, it is important to understand how California’s child custody laws could influence the relocation request. With help from our certified family law specialists from Ratzer Dobis, you can get the legal guidance and support you need, when you need it most. When you are ready to get started, simply complete our online contact form or call our office to schedule your confidential consultation as soon as today.