Relocating to another state presents significant legal challenges when you share a child with another parent but have no custody agreement in place.

This situation creates a complex legal landscape that can lead to serious consequences if not navigated properly. Whether you’re the parent considering a move or the one potentially being left behind, understanding California’s approach to relocation cases without formal custody orders is essential to protecting your parental rights and your child’s well-being.

What You Are About to Read

• The surprising legal implications of moving out of state with a child when no custody agreement exists
• Step-by-step procedures for legally relocating with children under California law in 2025
• Critical documentation and court filings needed before relocating
• How California courts determine a child’s “home state” for jurisdiction purposes
• Legal consequences of unauthorized relocations, including potential criminal charges
• Strategies for negotiating an out-of-court agreement that allows relocation

Understanding Your Legal Standing Without a Custody Order

When no custody agreement exists between parents in California, many mistakenly believe they have complete freedom to relocate with their child. This assumption can lead to serious legal complications.

Unmarried Parents and Automatic Rights

For unmarried parents in California, legal parentage significantly impacts relocation rights:

• Mothers receive automatic parental rights at birth
• Fathers must establish legal paternity before having enforceable rights
• Once paternity is established, both parents have equal rights to the child

Attorney Note: Many unmarried fathers mistakenly believe they have no rights without a court order. In reality, once paternity is established (through a Voluntary Declaration of Parentage or court order), they have the same rights as the mother, including the right to object to relocation.

Divorced Parents and Default Custody

For divorced parents without specific custody provisions in their Divorce decree:

• California Family Code § 3010 grants joint legal custody by default
• Physical custody typically remains with the parent who has been the primary caregiver
• Neither parent can unilaterally make major decisions affecting the child, including relocation

Example Scenario:
Sarah and Michael divorced two years ago but never formalized a custody arrangement. Their divorce decree is silent on custody matters.

Sarah has been the primary caregiver, with Michael visiting regularly. If Sarah wants to move to Oregon for a job opportunity, despite having been the primary caregiver, she does not have automatic legal authority to relocate without either Michael’s consent or a court order.

The Legal Framework for Relocation Without a Custody Order

California’s “Home State” Jurisdiction

When no custody order exists, the first legal question becomes: Which state has jurisdiction to make custody decisions?

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in California Family Code § 3400-3465:

• The child’s “home state” has priority jurisdiction
• “Home state” is defined as where the child has lived with a parent for at least six consecutive months immediately before filing a custody action
• Even a temporary relocation can eventually establish a new home state if the six-month threshold is reached

Move-Away Standards When No Order Exists

California courts apply different standards to relocation cases depending on the existing custody arrangement:

1. With Existing Sole Custody Order: The custodial parent generally has the presumptive right to relocate unless the move would harm the child
2. With Existing Joint Custody Order: Neither parent has the presumptive right to move away with the child
3. With No Custody Order: The court treats this most similarly to a joint custody situation, where the relocating parent must demonstrate the move is in the child’s best interest

In the landmark case In re Marriage of Burgess (1996) 13 Cal.4th 25, the California Supreme Court established that when no custody determination exists, the court must make a de novo determination of custody based on the child’s best interests, with particular attention to the potential impact of relocation.

Steps to Legally Relocate When No Custody Agreement Exists

1. Attempt Negotiation with the Other Parent

Before pursuing legal action, attempt to reach an agreement:

• Document your reasons for moving and benefits to the child
• Propose a detailed visitation schedule that maintains the relationship with the non-relocating parent
• Consider offering extended vacation time, holiday schedules, and video calls
• Be prepared to share travel costs for visitation

What if” Scenario:
If the other parent initially objects, consider proposing a trial period with a temporary agreement. This can demonstrate your commitment to maintaining their relationship with the child and may alleviate concerns about the long-term impact of the move.

2. File for Custody and a Move-Away Order

If negotiation fails, you must file for custody and specifically request authorization to relocate:

• File a Petition to Establish Parental Relationship (Form FL-200) if paternity has not been established
• Otherwise, file a Request for Order (Form FL-300) with the appropriate attachments:
  • Child Custody and Visitation Application (Form FL-311)
  • Declaration (Form MC-030) explaining why the move is in the child’s best interest
  • Proof of Service (Form FL-330)

Attorney Note: The declaration is perhaps the most critical document in your filing. It must comprehensively address how the move benefits the child (not just you), proposed arrangements to maintain the relationship with the other parent, and your willingness to facilitate ongoing contact.

3. Prepare for the Court Evaluation

California courts may order an evaluation before deciding on relocation:

• Child Custody Recommending Counseling (formerly called “Mediation“) is mandatory in most California counties
• A 730 Evaluation (named after Evidence Code § 730) may be ordered for in-depth assessment
• Minor’s Counsel might be appointed to represent the child’s interests

In Riverside County specifically, the Family Court Services department conducts mandatory Child Custody Recommending Counseling sessions before move-away hearings.

Under Riverside Local Rule 5155, these sessions focus on developing a parenting plan that addresses the potential relocation.

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4. Prepare Evidence Demonstrating the Move Benefits the Child

Courts prioritize the child’s best interests, so focus your evidence on:

• Educational opportunities in the new location
• Proximity to extended family support
• Your employment prospects and financial stability
• The child’s ties to both communities
• Your demonstrated willingness to facilitate the relationship with the other parent

Documentation to gather:

• School information from the new location
• Housing details (neighborhood safety, proximity to activities)
• Employment offer letters showing improved financial circumstances
• Evidence of extended family in the new location
• Communication showing attempts to include the other parent in decision-making

Understanding Judicial Evaluation in Move-Away Cases

Best Interest Factors for Relocation

California courts evaluate these specific factors when considering relocation requests:

1. The child’s age and developmental needs
2. The child’s relationship with both parents
3. Each parent’s ability to care for the child
4. The distance of the move
5. The reason for the move (must be in good faith, not to frustrate visitation)
6. The feasibility of maintaining the relationship with the non-moving parent
7. The child’s ties to their current community
8. The parents’ ability to cooperate and communicate

Attorney Note: In Riverside County, judges place particular emphasis on the relocating parent’s willingness to facilitate contact with the other parent. Demonstrating a detailed plan for virtual visitation, transportation arrangements, and flexibility with holiday schedules can significantly impact the court’s decision.

The Role of Status Quo in Judicial Decisions

When no custody order exists, courts often look to the “status quo” of caregiving:

• Who has been the primary caregiver?
• What has been the visiting parent’s level of involvement?
• How established is the child in their current community?

Example Scenario:
David and Michelle were never married but share a 5-year-old daughter. They’ve informally shared parenting time, with their daughter spending weekdays with Michelle and weekends with David. Michelle wants to move to Arizona for a job.

Despite their informal arrangement, the court would likely view this as a joint custody situation where Michelle bears the burden of proving the move benefits their daughter.

The court would evaluate how the move impacts the consistent weekend contact with David, which has been the established pattern.

Common Mistakes to Avoid When Moving Out of State with No Custody Agreement

1. Relocating Without Legal Authority

Perhaps the most dangerous mistake is moving without either written consent or court approval:

• Could result in being ordered to return the child
• May lead to loss of custody
• Potential criminal charges for parental kidnapping under California Penal Code § 277
• Creates a negative impression that can influence future custody decisions

2. Failing to Document Communication with the Other Parent

Courts expect good faith communication:

• Document all discussions about potential relocation
• Send formal written notice of your intent to move
• Keep records of the other parent’s response or lack thereof
• Use email or text rather than phone calls to create a paper trail

3. Focusing on Personal Benefits Rather Than Child Benefits

Courts prioritize the child’s interests over the parent’s:

• Job opportunities alone are insufficient justification
• Proximity to your new partner or your extended family must be framed in terms of benefit to the child
• Vague claims about “better quality of life” need specific supporting evidence

4. Underestimating Jurisdiction Complications

Interstate moves create complex jurisdictional issues:

• Moving before filing can potentially shift jurisdiction to the new state after six months
• This can be viewed as forum shopping and create negative impressions
• Different states have different relocation standards
• Interstate enforcement requires additional legal procedures

5. Ignoring the Impact on the Child-Parent Relationship

Courts strongly value maintaining relationships with both parents:

• Failing to propose a realistic visitation plan
• Not addressing how the relationship will be maintained
• Showing hostility toward the other parent’s ongoing role
• Dismissing the impact of separation on the child’s emotional well-being

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Actionable Advice: Do’s and Don’ts for Relocating With Your Child

Do:

• Establish a written parenting plan before moving
• Consult with a family law attorney familiar with Riverside County family courts before making plans
• Document all communication with the other parent about the move
• Research the family laws in your destination state
• Create a detailed plan for maintaining the child’s relationship with the non-relocating parent
• Gather evidence showing how the move benefits your child

Don’t:

• Move without notifying the other parent
• Relocate while custody proceedings are pending
• Speak negatively about the other parent or the situation to your child
• Make it difficult for the other parent to maintain contact after moving
• Assume verbal agreements will protect your legal rights
• Violate any existing court orders, even partially

People Also Ask

If there’s no custody order, can I legally move out of state with my child in California?

While technically no order prevents you from moving, relocating without the other parent’s consent or court approval is extremely risky in California. Under Family Code § 3010, when no custody order exists, both legal parents share joint legal custody by default.

This means both parents have equal rights to make important decisions regarding the child, including where the child lives. Moving without agreement or court approval could result in:

1. The other parent filing an emergency custody action
2. A court order requiring you to return the child immediately
3. Potential criminal charges under California Penal Code § 277 (child abduction)
4. Severe damage to your position in subsequent custody proceedings

The legally prudent approach is to either obtain the other parent’s written consent or file a request for a move-away order before relocating.

How long does it take to get court approval to move out of state with my child?

In California, particularly in busy courts like Riverside County, obtaining court approval for relocation typically takes 3-6 months from filing to final decision. This timeline includes:

1. Initial filing (processed within 1-2 weeks)
2. Mandatory Mediation/Child Custody Recommending Counseling (typically scheduled 4-8 weeks out)
3. Court hearing (usually 4-6 weeks after mediation)
4. Potentially additional evaluations or continued hearings (adding 2-3 months)

If you need to relocate more urgently, courts can sometimes expedite the process through:

• Ex parte (emergency) requests if there’s genuine urgency
• Stipulated temporary orders if the other parent will agree to a temporary arrangement
• Requests for an earlier court date with a showing of good cause

Remember that moving before receiving court approval can severely damage your case, so planning well in advance is essential.

What happens if the other parent takes our child out of state without my permission?

If the other parent relocates with your child without your consent and no custody order exists, you have several legal remedies:

1. File an emergency custody petition in California, which remains the child’s “home state” for jurisdictional purposes for six months after the move
2. Request a “pick-up” order directing law enforcement to help return the child
3. Contact the District Attorney’s Child Abduction Unit in your county if the other parent is concealing the child’s whereabouts
4. File under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to enforce California’s jurisdiction even if the parent files in another state

Under California Penal Code § 277, taking a child out of state with the intent to deprive the other parent of their custody rights can be prosecuted as child abduction – a crime that can be charged as either a misdemeanor or felony.

The most efficient path typically starts with filing an emergency custody petition in your local family court, accompanied by a declaration detailing the unauthorized removal.

Does the other parent have to agree to my move out of state?

Without a court order, you technically need either the other parent’s agreement or court approval before relocating with your child. If the other parent refuses to consent:

1. You must file a custody action and specifically request a “move-away” order
2. The court will make its determination based on the child’s best interests
3. You bear the burden of proving the move benefits the child

If you have had de facto sole physical custody (meaning you’ve been the primary caregiver with minimal involvement from the other parent), courts may be more inclined to grant permission to move.

However, if both parents have been actively involved in the child’s life, obtaining permission becomes more challenging.

Remember that even if the other parent initially objects, mediation often results in negotiated agreements that permit relocation with specific visitation arrangements.

Can I move out of state if the father is not on the birth certificate?

In California, the legal analysis depends on whether paternity has been legally established:

If paternity has not been established (through either a Voluntary Declaration of Parentage or court action) and the father’s name is not on the birth certificate:

• The mother generally has sole legal rights to determine the child’s residence
• However, the biological father can file a paternity action at any time
• If he files before the six-month mark in the new state, California retains jurisdiction
• A move specifically to evade paternity establishment could be viewed negatively by courts

If paternity has been established but is simply not reflected on the birth certificate:

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• The father has equal parental rights regardless of the birth certificate
• The same rules apply as for any parents without a custody order

Attorney Note: Even when legally permitted to move without consent, relocating without notification can backfire if the father later establishes paternity and seeks custody.

Courts often view secretive relocations as evidence of an unwillingness to support the parent-child relationship.

How are custody arrangements made for interstate visitation after a move?

When a court permits relocation or parents agree to a move, the resulting interstate visitation plan typically addresses:

1. Division of transportation costs – Often proportional to income or shared equally
2. Travel logistics – Who accompanies the child during travel (particularly for young children)
3. Extended visitation periods – Typically:
   • Longer summer visits (often 4-8 weeks)
   • Alternating major holidays with extended time
   • School breaks
4. Virtual visitation schedule – Regular video calls, especially for younger children
5. Communication protocols – How parents will coordinate across different time zones
6. Decision-making authority – How parents will continue to share decisions despite distance

Riverside County courts often follow a “2-3-2-5” approach for interstate cases, where the non-relocating parent receives:

• Two weekends per month (if distance allows)
• Three weeks in summer
• Two weeks during winter holidays
• Five days during spring break

These arrangements are typically formalized in a detailed court order that specifies exact exchange times, locations, and transportation responsibilities.

Conclusion: Protecting Your Rights and Your Child’s Well-Being

Moving out of state with your child when no custody agreement exists presents significant legal challenges, but with proper planning and professional guidance, you can navigate these complexities while protecting both your parental rights and your child’s best interests.

The key to a successful relocation lies in understanding California family law, respecting the rights of the other parent, and always prioritizing your child’s well-being above all else. By following the legal pathways outlined in this guide, you can minimize conflict and establish a solid foundation for co-parenting across state lines.

Given the complex nature of interstate custody matters, consulting with an experienced family law attorney is strongly recommended before proceeding with any relocation plans. Each family situation has unique considerations that may require personalized legal strategies.

At Family Law Matters, our experienced Riverside family law attorneys have successfully represented countless parents in relocation cases.

We understand both sides of these emotionally charged situations and can help you develop a strategy that preserves parent-child relationships while accommodating legitimate needs for relocation.

For personalized assistance with your relocation case or any family law matter, contact Family Law Matters at 951-972-8287 or visit temeculadivorce.com to schedule a consultation.

References

California Courts. (2025). Move-Away Cases. https://www.courts.ca.gov/selfhelp-movingwithorwithoutchildren.htm

Judicial Council of California. (2025). Uniform Child Custody Jurisdiction and Enforcement Act. https://www.courts.ca.gov/documents/uccjea.pdf

Superior Court of California, County of Riverside. (2025). Local Rules – Family Law Division. https://www.riverside.courts.ca.gov/LocalRules/local-rules.php

California Legislative Information. (2025). California Family Code § 3020-3032. https://leginfo.legislature.ca.gov/faces/codes.xhtml

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