How Moving Can Affect Visitation

California family law presumes that frequent and continuing contact with both parents is in the best interest of children, which is why courts almost always allow non-custodial parents visitation time with their children. But life keeps moving after divorces are finalized, and it’s not uncommon for one parent to seek to move. If a move would disrupt established visitation schedules, the parent seeking to relocate generally must obtain the court’s approval. If you or your former spouse is considering a move that would require modifying your visitation arrangements, a Stockton child visitation lawyer can assist you. 

The Basics of Moving and Visitation

Generally, parents can relocate so long as the relocation does not interfere with court-ordered custody or visitation. But things get a little more complicated if a move would interfere with such orders. A parent who has sole physical custody of a child has a presumptive right to move unless the other parent can show that relocating would harm the child’s interests. (See Cal. Fam. Code § 7501(a).) On the other hand, a parent who shares joint physical custody of a child may not move unless that parent can show that relocating is in the child’s best interest. 

Factors That Can Influence the Court’s Decision 

If the parents cannot agree to a visitation modification to accommodate a move, court intervention is required. Courts consider several factors when evaluating such requests, including: 

• The status quo: Courts evaluate how much time the child actually spends with each parent and whether a move would significantly affect it. 
• The reason for the move: Courts view moves that appear to be intended to interfere with visitation unfavorably. 
• The distance of the move: The longer the distance, the more likely it is to negatively affect visitation.
• The age of the child: Generally, the younger the child, the more adaptable it will be to a changed visitation arrangement. 

These are but a few of the factors courts consider, and every move is different. Speak to a Stockton child visitation lawyer for individual guidance on a relocation request. 

Visitation Arrangements for Long-Distance Families 

There are many different types of visitation arrangements, some of which are more appropriate for long-distance families than others. One of the most popular types for such families is the “summers and holidays” plan, wherein the child spends the summer vacation and a set number of holidays with the non-custodial parent. Another increasingly popular option is virtual visitation, which allows parents and children to supplement — but not replace — their in-person visits with virtual visits. Regardless of how the parents structure their post-move visitation plan, they should ensure it accounts for travel arrangements, medical and emergency plans, their children’s and their own schedules, and dispute resolution, among other considerations. 

Speak to a Stockton Child Visitation Lawyer About Your Proposed Move

If you’re considering moving with your child or have been informed that your former spouse is considering doing so, you will need to work out modifications to your visitation schedule. For more information about relocation and visitation, please contact a Stockton child visitation lawyer at McKinley, Conger, Jolley & Galarneau via our online form or by calling 209-477-8171.