Moving Out of State with Child: No Custody Agreement California

You’ve made the decision to move out of state for a better job opportunity, to be closer to family, or simply for a fresh start. You’ve accounted for the house, the moving company, and even schools for your child. But what if you don’t have a formal custody agreement in place? 

If you’re residing in California, moving out of state with your child without a custody agreement can be a complex and potentially hazardous process legally. This article will guide you through the legal considerations and implications of such a move.

Understanding California State Law

In California, both parents inherently possess equal rights to their child when no custody agreement or court order exists. This is established under California Family Code § 3010, which means that neither parent can claim sole custody by default.

Ignoring the other parent’s equal rights can lead to several kinds of legal issues:

Contempt of Court: Moving out of state without a court’s permission can be seen as violating court protocols.

Kidnapping Charges: Taking your child out of state without the other parent’s consent can be interpreted as child kidnapping.

Restraining Orders: The other parent can potentially secure a restraining order to prevent you from leaving with the child.

Revision of Future Custody: Family courts, such as the Los Angeles County Family Court, often look unfavorably at parents who move without consent or a court order. This can impact future custody decisions.

Risks and Consequences

If you move out of state without the other parent’s consent or without a court order, the other parent has the right to file an emergency order to have the child returned to the state. 

Furthermore, doing so without the required legal steps can potentially result in criminal charges. Moreover, los angeles county family court, similar to other family courts in California, may not view such a move favorably when determining future custody arrangements.

Practical Steps for a Legal Move

Here are the practical steps to undertake for a legal and smooth transition:

Notify the Other Parent: Inform the other parent about the move in writing. The notice should be sent well in advance, typically at least 45 days before the planned move.

File a Request with the Court: If the other parent disagrees, you must file a petition for a move-away order. This process will require the services of a Los Angeles child custody attorneys well-versed in family law.

Attend Court Hearing: Both parents will need to attend a hearing where the court will consider multiple factors, including the child’s relationship with both parents, before making a decision.

Comply with the Court Order: Once the court issues an order, both parents are legally required to follow it. Failure to do so can result in legal consequences.

To avoid these potential pitfalls, get in touch with a Los Angeles child custody attorney. Pintar Albiston Attorneys at Law offer services in Los Angeles to help you navigate these complicated issues smoothly.

Seeking Legal Representation

Moving out of state with a child with no custody agreement is a delicate matter that requires a nuanced understanding of California’s family law. To ensure that your move is in compliance with the law, and to safeguard the best interests of your child, consult a legal advisor. 

If you are thinking about moving out of state with your child, it is important to speak with an experienced family law attorney. An attorney can help you understand the laws in California and can represent you in court if necessary. 

Pintar Albiston Attorneys at Law can guide you through this challenging time, offering services in divorce, child support, and custody cases. Reach out today for an initial consultation and take the first step toward securing your family’s future.