What To Do When Your Ex Wants to Relocate Out of California With Your Children? 2025

When your ex suddenly announces plans to move out of state with your kids, it can feel like an emotional ambush. What to do when your ex wants to relocate out of California with your children isn’t just a personal crisis. It’s a high-stakes legal matter that demands immediate attention, strategy, and a deep understanding of California family law.

The Move-Away Scenario: A Real Threat to Your Parent-Child Relationship

Move-away cases involve one parent who wants to relocate with the children to another state or far enough within California to disrupt the existing custody arrangement. With a 5.88 per 1000 population divorce rate in the state in 2022 and over 4 million parents receiving child support, move-away cases add yet another layer to an emotionally charged situation.

These situations crop up for many reasons, such as job offers, new relationships, family support, or a fresh start. However, if you share custody, your ex cannot just pack up and leave with the kids.

Understand Your Current Custody Order

Before reacting to your ex’s relocation plans, it’s important to understand the legal framework already in place. Your existing custody order outlines each parent’s rights and responsibilities, and it determines how a move-away request might proceed. The specifics of that order can have a significant impact on whether your ex can relocate with the children or if they need court approval. Some key elements to examine in your custody order include:

• Type of physical custody granted. If you share joint physical custody, your ex must obtain either your permission or a judge’s approval to move with the children.
• Relocation clauses. Some custody orders include provisions that address out-of-state moves or relocations beyond a certain distance. These terms can clarify what steps your ex must take.
• Legal custody details. If you share joint legal custody, you both have decision-making authority about significant issues, such as changing the child’s school, which could come into play with a move.
• Parenting schedule impact. Consider how the proposed relocation would disrupt the current routines, visitation, and transportation logistics.

Your custody order is the foundation of your legal rights as a parent. By reviewing it carefully, you’ll know whether your ex needs permission to move, what actions you can take, and how the court might view your position in a relocation dispute.

The Court’s Primary Focus: The Best Interests of the Child

In all relocation cases, California courts base their decision on one overriding principle: the best interests of the child. The court doesn’t prioritize either parent’s convenience or preference. Instead, judges look at:

• The child’s relationship with both parents
• Stability in schooling, home life, and social surroundings
• How the move will affect the child emotionally and developmentally
• Whether the move is motivated by good faith or intended to interfere with custody

Don’t assume that objecting to the move is enough. You need to be prepared to show how the relocation could damage your child’s life or weaken their bond with you.

What to Do Immediately After Your Ex Announces the Move

Hearing that your ex intends to move with your children can be overwhelming. However, the way you respond in the first few days can shape the outcome of your case. Taking the right steps early on can help protect your parental rights and put you in a stronger legal position. These steps include:

• Avoid giving verbal or written consent to the move until you’ve fully reviewed your custody order and spoken with a legal professional. Even casual agreement could be later misinterpreted.
• Locate and review your current custody order, paying close attention to physical and legal custody terms as well as any clauses related to relocation.
• Document all communication with your ex about the proposed move, including texts, emails, and voicemails. Keep records of dates, language used, and tone.
• Remain calm and respectful in your interactions. Any hostile or emotional response could be presented in court to question your co-parenting ability.
• Immediately consult an attorney to explore whether to file an objection or request a court hearing to prevent unauthorized relocation.
• Preserve your involvement in your child’s life by attending school events, maintaining visitation, and staying engaged. Your consistency matters in court.

Your approach matters. Judges take note of parents who place the emotional, educational, and social stability of their child above everything else. So, whether the move is ultimately approved or blocked, your ability to advocate both effectively and responsibly can help shape a positive future for your family.

If your ex has announced a move with your children, acting quickly and wisely is crucial to protect your parental rights. With over 25 years of experience, Rod Firoozye, JD, a certified family law specialist since 2004, is uniquely qualified to guide you through this challenging time. As a Fellow of both the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers, Mr. Firoozye brings expert knowledge and proven results to complex custody disputes. Don’t wait—contact the Law Offices of Rod Firoozye today to schedule a consultation and safeguard your family’s future.

FAQs

Q: Can My Ex Use a New Spouse’s Job Offer as Justification to Relocate with Our Children?

A: Yes, a new spouse’s job opportunity could be a good reason behind a relocation request, but it won’t automatically justify the move. The court still analyzes whether the relocation serves the child’s best interests. The judge could evaluate the stability offered by the new household, financial improvements, or disruptions to the child’s life.

Q: How Does School Enrollment Impact a Relocation Decision?

A: School stability plays a major role in the court’s evaluation. If the move disrupts a well-established educational routine, friendships, and academic progress, it could count against the relocation. However, if the new school offers superior resources and support systems or better aligns with the child’s needs, it could weigh in favor of the move.

Q: Do California Courts Ever Appoint a Minor’s Counsel in Move-Away Cases?

A: Yes, in certain kinds of relocation disputes, especially when there’s significant disagreement or emotional distress, the court could appoint a minor’s counsel. This is a licensed attorney who represents the child’s interests, independent of both parents. The minor’s counsel can interview the child, gather evidence, and present findings to the judge.

Q: Does it Help the Case if the Proposed Relocation Destination Has a Lower Cost of Living?

A: A lower cost of living alone won’t determine the outcome; however, it can be a supporting factor. If the parent requesting relocation can show that the move would provide a safer neighborhood, better housing, or improved financial stability without sacrificing the child’s connection to the other parent, the court could consider it.

Protecting Your Role as a Parent Starts with Action

Navigating a relocation dispute in California isn’t something to be handled alone. At the Law Offices of Rod Firoozye, we understand the emotional and legal complexities of move-away cases, and we aim to approach the process with clarity, purpose, and a plan built around your child’s best interests.

Contact us today to schedule a consultation.