Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In California, parental relocation is addressed under family law, particularly when it involves a parent with a child custody agreement wishing to move to a different city or state. The primary consideration for the court in such cases is the best interest of the child. If a parent plans to relocate with their child, they may need to seek a modification of the existing child custody order. This typically requires showing that the move would be beneficial for the child's welfare, considering factors such as improved living conditions, better educational opportunities, or closer proximity to supportive family members. The court will also consider the impact of the move on the child's relationship with the non-relocating parent and the child's stability. If the other parent opposes the move, the court will carefully evaluate the reasons for and against relocation. The existing custody agreement may include geographic restrictions, which can only be altered with the consent of both parents or by a court order. In cases where parents cannot agree, the court will decide based on the child's best interests, taking into account all relevant factors, including the child's need for continuity and stability, and each parent's ability to provide for the child's needs.