Prescott & Prescott, Attorneys at Law, Orange, California

Family Law Specialists Certified by the California Board of Legal Specialization

Anticipating Relocation?

If you are anticipating a move from the area in which you and your minor children reside and you wish the children to relocate with you, it is best to secure the consent of the other parent and work out a new visitation plan by mutual agreement. Pursuant California Family Code section 3024, before a contemplated move to the extent feasible, a minimum of 45 (forty-five) days written notice by prepaid postage mail, return receipt requested is required by law if a parent plans to change the address of the children for more than 30 (thirty) days. A copy of the notice must also be sent to that parent's attorney, if any. The purpose of the notice is "to allow time for mediation of a new agreement concerning custody."

If the other parent does not consent to the move, you may be required to obtain the Court's permission consisting of a court order allowing you to relocate with the children. The final determination of that issue may depend upon the time share with each parent, the reasons for the move and the best interest of the child or children. To protect yourself, you should consult with an attorney. In the event you relocate without complying with the current law regarding the move away issue, there is the possibility that the other party could obtain a court order changing custody and/or requiring you to return with the children.

Another important issue to consider when contemplating a relocation is travel expense for visitation. This should be addressed in any modified agreement reached with the other parent.