Irvine, CA family law attorney Marc Garelick talks about how a parent’s location can impact child custody arrangements. Many clients come to him when they are considering whether they need to move away, and he notes that this is one of the more difficult issues for a court to address. While a parent cannot be legally prevented from moving, the key question is whether the children can move with that parent. The court has jurisdiction over custody matters and can significantly limit the non-moving parent’s time if a move occurs.

He emphasizes that each request must be evaluated carefully, considering the reasons for the move and the children’s social environment. For instance, older children in middle school who are active in sports, religious activities, and have a strong social circle will make it much harder to convince a court that relocating is in their best interest. By contrast, younger children in kindergarten or first grade, with fewer established connections, may find it easier to adapt, especially if the new location provides family support, a social circle, and comparable school or activity options.

He stresses that parents often fall into the trap of focusing on their own benefits—higher salary, better job opportunities—but the court’s focus is the child’s best interest. A well-prepared case requires detailed research on schools, extracurricular programs, and social opportunities, and in some instances, direct communication with coaches or activity leaders to demonstrate that continuity and opportunities for the child will be preserved.

He points out that this process is highly nuanced and requires organization and careful presentation, particularly when presenting to a custody evaluator. Evaluators are not judges, but they make recommendations that heavily influence the court’s ultimate decision. The more thorough and informed the presentation, the stronger the case.

Finally, he notes that parents often underestimate the timeline. A relocation request involving a custody evaluation typically takes six to nine months, including making the request, coordinating with the other parent, completing the evaluation, receiving recommendations, and deciding whether to accept or challenge them in court. The other parent is often engaged in the same process, so the journey is deliberate and time-intensive, reflecting the significant impact such a move can have on a child’s life.