Relocating with a Child After Divorce in San Diego: Legal Tips

Relocating with your child after a divorce isn’t just about packing boxes and starting fresh. It’s a legal process that must be approached with care and strategic planning, especially in California.

Whether you’re considering a move for a new job opportunity, to be closer to family, or for personal well-being, understanding move-away custody laws in California is essential.

At Mattis Law, A.P.C., we understand that life changes. As a parent, you want what’s best for your child, and sometimes that means a relocation. But when custody arrangements are in place, any relocation requires careful legal steps to protect your parental rights and prioritize your child’s well-being.

What Is Considered a Move-Away Case?

A move-away case typically arises when the custodial parent (the parent with primary physical custody) wants to relocate to a location that would significantly disrupt the current custody arrangement.

California law does not set a specific mileage threshold, but any move that affects the existing custody or visitation schedule may trigger legal scrutiny.

If you share joint physical custody, the court treats your situation differently from if you have sole physical custody. Joint custody arrangements require mutual consent or a court order to change the residence of the child in a way that affects the co-parenting schedule.

The Legal Framework in California

California’s family court relocation hearings are guided by a central principle of what is in the best interests of the child. Judges consider a range of factors when evaluating move-away requests, including:

• The reason for the proposed move
• The distance of the move
• The current relationship between the child and each parent
• The age of the child and their ties to school, community, and extended family
• The impact the move would have on the child’s emotional and physical stability
• The ability to maintain a strong relationship with both parents after the move

Under California Family Code §7501, a parent with sole physical custody generally has a presumptive right to relocate with the child. However, this presumption can be challenged if the noncustodial parent demonstrates that the move would be detrimental to the child’s welfare.

Modifying Custody Orders in a Relocation Case

If you’re the custodial parent considering relocation, you may need to pursue a modification of your existing custody order. On the other hand, if you are the noncustodial parent opposing the move, you may petition the court to modify custody to prevent the relocation.

At Mattis Law, A.P.C., many of our family law cases involve custody modifications. We are deeply familiar with the procedural requirements and emotional nuances of these requests.

If you want to modify a custody order in San Diego County, you’ll need to:

1. File a Request for Order (RFO) with the court, explaining your proposed change
2. Demonstrate that the relocation represents a significant change in circumstances
3. Show that your proposed change is in the child’s best interests

Depending on your case, the judge may order a custody evaluation or appoint a minor’s counsel to represent the child’s perspective.

Tips for Custodial Parents Seeking to Relocate

If you are the parent who wants to move, here are some practical legal tips to strengthen your case:

• Document the reason for the move: Courts are more likely to approve a move based on a compelling reason, such as a job offer, closer proximity to a support system, or access to better educational resources.
• Maintain transparency: Inform the other parent as early as possible and keep records of your communication. Courts appreciate cooperative co-parenting efforts.
• Propose a new visitation plan: Offer creative and reasonable options for the other parent to maintain a meaningful relationship with the child (e.g., extended summer visits, virtual communication, travel assistance).
• Focus on the child’s needs: The relocation must clearly benefit the child. Highlight how the move will provide stability, educational advantages, and an improved quality of life.
• Get early legal help: Move-away cases can quickly become contentious. An experienced San Diego child custody attorney can guide you through the process and advocate on your behalf during court proceedings.

Considerations for the Noncustodial Parent

If you’re a parent who doesn’t want the child to move, it’s important to:

• Act promptly: As soon as you receive notice of the potential relocation, respond with a legal objection if you believe the move is not in your child’s best interests.
• Gather evidence: Demonstrate the strength of your relationship with your child and how a move could hinder your ability to maintain that bond.
• Present a stable environment: Courts may modify custody in your favor if you can offer a stable, supportive home environment in the child’s current location.
• Be prepared for mediation or hearings: San Diego courts often refer parents to Family Court Services for mediation before a hearing is scheduled.

Family Court Relocation Hearings in San Diego

In San Diego, relocation cases are handled through family court relocation hearings. These hearings are not only about legal arguments. They’re about telling your story in a compelling and sincere way.

The judge will listen to both parents, review any custody evaluations, and weigh evidence before issuing a decision. If the move is approved, the custody and visitation schedule will be restructured. If it’s denied, the custodial parent may be required to remain in San Diego if they want to retain primary custody.

In some cases, custody may even be transferred to the noncustodial parent if the court finds that it serves the child’s best interests.

When Mediation Fails

Mediation is often a first step in custody disputes, but it doesn’t always result in agreement. If no consensus is reached, the judge will step in to make a decision based on the evidence presented at the hearing.

Because the outcome can have a long-term impact on both your child and your parental rights, having a knowledgeable family law attorney who understands the nuances of moving with a child after divorce in San Diego is essential.

Talk to an Experienced San Diego Marriage and Family Law Attorney

Attorney Amelia J. Mattis brings more than just legal knowledge. She brings compassion, empathy, and tireless advocacy to every family she represents.

Amelia has been named among California’s Top 10 Family Law Attorneys by the American Institute of Family Law Attorneys and was also selected as a Rising Star by Super Lawyers. She’s deeply familiar with San Diego’s custody courts and the emotional dynamics of move-away cases.

Mattis Law, A.P.C., is experienced in cases involving custody modifications, international custody issues, and high-conflict parenting disputes. We provide clear, honest guidance and dedicated support every step of the way. Call (858) 328-4400 to schedule a free consultation today.