Moving Out of State with Child No Custody Agreement in California
Moving out of State with Child – No Custody Agreement in California
Moving can be a stressful experience for anyone, but it can be even more stressful when you have a child and no custody agreement. This is particularly true if you are moving out of state. In California, there are specific laws that govern moving with a child, and it’s important to understand them if you are in this situation.
The first thing to consider is whether you are the custodial parent or not. The custodial parent is the parent who has legal custody of the child and is responsible for the day-to-day care of the child. If you are the custodial parent, you have the right to move with your child without the consent of the non-custodial parent. However, you must provide notice to the other parent. This notice must include the following information:
• The new address
• The new phone number
• The date of the move
• A statement that the move will materially affect the other parent’s ability to exercise his or her visitation rights
• A warning that the other parent has 30 days to file an objection with the court
If you are not the custodial parent, you do not have the right to move with your child without the consent of the custodial parent. If you want to move, you must obtain a court order allowing you to do so. To obtain this order, you must show that the move is in the best interests of the child. Factors that the court will consider include the following:
• The reason for the move
• The distance of the move
• The relationship between the child and each parent
• The child’s preference
• The stability of the child’s current environment
• The ability of each parent to facilitate a relationship between the child and the other parent
If you are the non-custodial parent and you object to the move, you must file an objection with the court within 30 days of receiving notice from the custodial parent. If you do not file an objection, the custodial parent may move with the child.
In summary, if you are moving out of state with a child and there is no custody agreement in place, it’s important to understand the specific laws in California. If you are the custodial parent, you have the right to move with your child, but you must provide notice to the other parent. If you are not the custodial parent, you must obtain a court order allowing you to move. Regardless of your situation, it’s always best to consult with a family law attorney before making any decisions.