When one parent wants to move away with a child after divorce or separation, the existing custody arrangement can play a major role in how the court evaluates the request. In California, move-away cases involving joint custody are often more complicated because both parents typically share substantial time and involvement in the child’s life.
Parents are often surprised to learn that having joint custody may make it more difficult to relocate with a child—especially if the move would significantly affect the other parent’s parenting time.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help parents navigate move-away disputes and complex custody matters throughout Southern California.
What Is Joint Physical Custody?
Joint physical custody generally means that both parents spend substantial time with the child. The parenting schedule does not need to be exactly 50/50 for custody to be considered joint.
In many California custody arrangements, both parents are actively involved in:
- School and extracurricular activities
- Medical decisions
- Daily routines
- Transportation
- Holidays and vacations
- Ongoing parenting responsibilities
Because the child has meaningful relationships with both parents, courts often look carefully at how a proposed move may affect those relationships.
Why Does Joint Custody Matter in Move-Away Cases?
California courts usually apply greater scrutiny when parents share joint physical custody.
If one parent wants to relocate, the court may need to determine whether the current custody arrangement should change entirely. A move that makes the existing parenting schedule unworkable can lead to a full reevaluation of custody.
Judges often examine:
- How much time each parent currently spends with the child
- The strength of the child’s relationship with each parent
- Whether the move would disrupt stability
- The distance of the relocation
- Whether meaningful ongoing contact can still be maintained
The court’s primary concern remains the child’s best interests.
Can a Parent With Joint Custody Still Move Away?
Possibly. However, the parent seeking to relocate may face additional legal challenges compared to a parent who already has primary physical custody.
The court may consider whether:
- The move is being made in good faith
- The relocation would improve the child’s quality of life
- The parent has realistic plans for visitation
- The child can maintain a healthy relationship with the other parent
- The move would create emotional or educational disruption
Each case is highly fact-specific, and outcomes can vary depending on the family’s circumstances.
Can the Other Parent Object?
Yes.
A parent who believes the move would negatively affect the child can ask the court to block the relocation or request modified custody orders.
In some situations, the court may order:
- Mediation
- Custody evaluations
- Appointment of Minor’s Counsel
- Temporary custody changes
- Additional hearings or investigations
Move-away disputes involving joint custody are often among the most heavily contested family law matters.
What Happens if Parents Reach an Agreement?
Not every move-away case requires litigation.
Some parents successfully negotiate updated parenting plans that address:
- School-year schedules
- Summer and holiday visitation
- Transportation costs
- Video calls and communication
- Travel arrangements
- Modified custody schedules
Courts generally encourage cooperative solutions when they support the child’s well-being and preserve meaningful parent-child relationships.
Why Experience Matters in Joint Custody Move-Away Cases
Relocation disputes involving joint custody can have lasting effects on both parents and children. These cases often involve emotional conflict, complicated legal standards, and significant changes to family dynamics.
With more than 30 years of family law experience, attorney Stuart E. Bruers helps parents throughout Southern California navigate difficult custody and move-away disputes while focusing on practical solutions and the child’s best interests.
Take the Next Step
If you share custody of your child and are considering a move—or if the other parent is attempting to relocate—contact the Law Office of Stuart E. Bruers today. We represent parents throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities in complex custody and move-away matters.