Life can change quickly. A new job in another city, a chance to live closer to family, or the need for a more affordable home can all make relocation seem like the right next step. But if you share custody of your child, moving away isn’t as simple as packing boxes. Every mile matters.
A Valencia relocation attorney can help you navigate California’s strict move-away laws, protect your parental rights, and make decisions that support your child’s well-being. At Barnholtz & Kugler, we’ve guided parents across Valencia and the Santa Clarita Valley through these difficult transitions. We can help you find a path forward that balances your goals with what’s best for your family. Contact us online or call (661) 799-9140 to speak with our team and take the next step toward clarity and peace of mind.
Understanding Relocation and “Move-Away” Cases
Under California law, a parent who shares custody cannot move the child out of the city, state, or country without the consent of the other parent or a court order authorizing the relocation. These “move-away” cases require careful evaluation of both parents’ circumstances and the child’s needs.
How Custody Affects the Right to Relocate
California’s approach to relocation depends heavily on the existing custody arrangement.
If one parent has sole or primary physical custody, they generally have the right to move with the child unless the other parent can show that the move would harm the child’s welfare or is being made in bad faith. Conversely, if the parents share joint physical custody, the court will make its decision based on what is in the child’s best interests.
This distinction is critical because it determines which parent bears the burden of proof. The court’s ultimate goal is to protect the child’s emotional and developmental well-being. It also tries to preserve strong, ongoing relationships with both parents.
The “Best Interests of the Child” Standard
In shared custody cases, courts typically rely on the “best interests of the child” standard to make decisions regarding relocation. This standard prioritizes the child’s health, safety, and emotional well-being above all else.
Judges often balance the potential benefits of relocation, such as improved financial stability or access to better schools, against the possible loss of consistent contact with the other parent. The public policy of California favors “frequent and continuing contact with both parents.” However, that policy does not automatically prevent a parent from moving if the relocation is being made in good faith.
An attorney can work with you to show how your proposed move, or your opposition to it, aligns with your child’s long-term best interests.
Factors the Court Considers in a Move-Away Request
California courts examine a variety of factors to determine what arrangement best supports the child’s well-being. These include:
- The reason for the move. The court looks for a legitimate purpose, such as a job opportunity, remarriage, or proximity to extended family.
- The distance of the move. Relocating across town is very different from moving across the country or abroad.
- The child’s age and developmental needs. Younger children often need more frequent contact with both parents.
- The child’s relationship with each parent. The court evaluates how the move will impact the child’s emotional bond and sense of stability.
- The existing custody and visitation schedule. Courts assess how relocation might disrupt the child’s routine and established environment.
- The amount of time each parent currently spends with the child. Regular involvement by both parents carries significant weight in court decisions.
Each case is unique. Judges weigh these factors based on the facts presented. A Valencia relocation lawyer can help you gather evidence and present your case effectively.
When Parents Disagree About Relocation
When one parent opposes the move, the court must carefully evaluate both sides. If the parent opposing the move demonstrates that relocation would harm the child or that the request was made in bad faith, the judge may modify the custody arrangement.
If the parent seeking relocation acts in good faith, the court will assess whether a new custody arrangement or modified visitation schedule could allow the child to maintain meaningful contact with both parents.
A Barnholtz & Kugler relocation attorney in Santa Clarita Valley can help you prepare a compelling case supported by documentation, testimony, and practical proposals for parenting time.
Proving Good Faith in a Relocation Request
If the parents’ custody agreement requires consent for relocation, the moving parent must show that the request is in good faith.
Examples of good faith reasons include:
- A new job or career advancement,
- Educational opportunities,
- Living closer to supportive family members, or
- Improving the child’s living conditions.
If you are seeking to relocate, a Valencia relocation lawyer at Barnholtz & Kugler can help you present your reasoning clearly and credibly to the court.
How a Valencia Relocation Lawyer Can Help
Relocation cases involve your child’s future and your relationship as a parent. An experienced attorney at our firm can help you:
- File or respond to a move-away petition,
- Develop evidence supporting your position,
- Negotiate parenting schedules and visitation plans, and
- Advocate for you in court hearings or mediation.
Having a dedicated advocate allows you to focus on your child’s needs while we manage the legal complexities of the case.
Why Choose Barnholtz & Kugler?
Relocation can affect where your child lives and how often you see them. It may be one of the most important legal decisions of your life.
At Barnholtz & Kugler, we’ve represented parents in complex family law and relocation matters for more than 60 combined years. We know that every family situation is different, and we approach each case with compassion, clarity, and determination.
Heidi Kugler focuses on helping families resolve custody disputes through thoughtful planning and, whenever possible, cooperative negotiation. Brad Barnholtz brings seasoned trial experience to relocation hearings, ensuring your voice is heard and your rights are protected.
When clients need a relocation attorney in Valencia, they choose us because we combine the expertise of a big firm with the personalized care of a small firm. We aim to create solutions that work for your family. Whether you’re planning a move or opposing one, we can help you make informed decisions about your child’s future.
Contact Barnholtz & Kugler today to schedule a consultation with a Valencia relocation attorney. Our team will listen to your story, explain your options, and help you protect your family. You can also contact us online or call (661) 799-9140 to speak with a member of our team and take the next step toward protecting your child’s best interests.
Frequently Asked Questions
Can I Move Out of State with My Child After Divorce in California?
Not without the other parent’s consent or a court order. California law requires parents who share custody to give notice and obtain approval before moving a child out of state.
How Do California Courts Decide Relocation/Move-Away Cases?
Courts evaluate whether the move is in the child’s best interests. They consider factors such as distance, the reason for relocation, each parent’s relationship with the child, and how the move affects stability.
What If the Other Parent Won’t Agree to the Move?
If the other parent objects, the court will hold a hearing where the judge may approve, deny, or modify custody based on what is in the best interest of the child. Mediation is often encouraged before trial.
Do I Need to Modify Custody Before Relocating with My Child?
Yes. You must either get written consent from the other parent or request a court modification of your custody order before relocating. Moving without approval can result in legal penalties or loss of custody.
How Long Does the Relocation Process Take in Valencia?
The timeline depends on court scheduling, the complexity of your case, and whether both parents cooperate. Simple cases may resolve in a few months, while contested relocations can take longer.