Legal Consequences of Moving Out of State Without a Custody Order in California
For many parents, relocating to another state may seem like a necessary life decision. Whether it’s for a job, family support, or a fresh start, moving with your child can quickly become complicated when there's no legal custody agreement. In California, this situation requires serious legal consideration to avoid lasting consequences.
Equal Rights Until a Court Says Otherwise
If no custody order exists, California law considers both parents to have equal rights to the child. This creates a gray area. Technically, you could move with your child, but doing so without notice or approval from the other parent can lead to major legal problems.
Even in the absence of a formal custody agreement, the courts still expect both parents to act in the child’s best interests and to respect each other’s parental rights. Attempting to move your child out of state without transparency may result in being viewed as uncooperative — or worse, as trying to deny the other parent their rights.
Potential Legal Fallout
Moving without proper legal steps can result in:
Emergency Court Intervention: The non-moving parent can request a court order to return the child.
Loss of Custody: Courts may view unilateral relocation as evidence that the moving parent isn’t acting in good faith.
Criminal Charges: In extreme cases, this may be viewed as custodial interference or kidnapping.
Child Custody Jurisdiction Rules
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs custody jurisdiction in the U.S., including California. It mandates that the child’s “home state” – typically the state where the child has lived for the last six months – has authority over custody decisions.
If you relocate your child and the other parent files a case in California, the court may order your return, or dismiss your ability to argue the case in the new state.
What Should You Do Instead?
If you believe a move is in your child’s best interest, here’s how to do it the right way:
File for Custody or Visitation: This legally establishes your parental rights and opens the door for a relocation request.
Request Court Permission to Relocate: A “move-away order” from the court is required in most cases involving shared custody.
Work With the Other Parent: If possible, seek a mutual agreement and document it through the court.
Create a New Parenting Plan: Propose a schedule that accommodates long-distance parenting, such as summer visitation or extended holidays.
Why Legal Guidance Matters
At JOS Family Law, we’ve helped countless parents navigate complex relocation scenarios. Our team can help you:
Avoid missteps that cost custody
Present a compelling case for relocation
Develop parenting plans that work across state lines
We protect your rights while ensuring your child’s best interests are always front and center.