Relocation And Child Custody In San Jose: What Happens If A Parent Wants To Move?

When a divorced or single parent wants to move, the impact on child custody in San Jose can be significant. These are often emotionally charged cases, and the courts must balance a parent’s right to relocate with the child’s need for stability and ongoing contact with both parents.

If you are facing a potential move or opposing one, our San Jose child custody lawyer explains your rights and the legal process involved.

How Santa Clara County Courts Handle Child Relocation Requests

In San Jose child custody cases, the primary concern for the court is protecting the best interests of the child, as outlined under Section 3011 of the California Family Code. This includes relocation requests.

If a final custody order gives one parent sole physical custody, that parent generally is entitled to relocate, unless the other parent can prove that the move would harm the child. If the parents share custody, the one seeking a move must demonstrate that it is in the child’s best interests.

In either situation, the non-moving parent can request a custody evaluation, file an objection, or seek to change the existing custody arrangement to prevent the move. When deciding whether to allow the relocation, factors the Santa Clara County Family Court is likely to consider include:

• The reason for the move;
• The distance involved and its effect on visitation;
• The child’s relationship with both parents;
• The child’s age and ties to the community;
• Whether there is any history of domestic violence, substance abuse, or other behavior that puts the child at risk.

How to Request Or Oppose Relocations In San Jose Child Custody Cases

Whether you hope to make a fresh start with your child or are a parent opposed to a potential relocation, take prompt legal action to protect your rights. Relocation without court approval can result in legal penalties, including a total loss of custody. Depending on the situation, steps you may need to take include:

• File a custody modification request through the family court;
• Present evidence supporting why the move is or isn’t in the child’s best interests;
• Participate in mediation through Family Court Services in Santa Clara County, as required in many cases;
• Attend a family court hearing, where a judge will consider both sides in determining whether to approve or deny the relocation request.

If approved, the court may revise your parenting plan to ensure the non-moving parent still has meaningful contact, such as granting longer visits during school breaks or holidays.

Discuss Your Options With Our Experienced San Jose Child Custody Lawyer

Relocations have the potential to reshape your family’s future. Whether you are planning a move or trying to prevent one from happening, Argyris Mah, LLP provides the highly experienced and capable legal representation you need.

We understand the intricacies of California relocation law and protect your rights as a parent each step of the way. Call or contact our office online today and request a confidential consultation with our San Jose child custody lawyer to discuss your options.

Sources:

courts.ca.gov/sites/default/files/courts/default/2024-12/btb_23_2o_1.pdf

santaclara.courts.ca.gov/divisions/family-division