Parents who have been granted custody of the child(ren) generally have the presumptive right to change the residence of the child. And as in every case involving children, the children’s welfare are always taken into paramount consideration [California Family Code § 7501(a)].
However, the right of the custodial parent to change the residence of the child is only presumptive, and may not be allowed if it is found that the move will be detrimental to the child’s best interest. The noncustodial parent may also contest the move-away, and it is initially up to him/her to prove that such move is detrimental. It is up to the court to evaluate the facts and issues to determine if the move is in the best interest of the child(ren) [Marriage of LaMusga].
The court may issue a restraining order if it so finds that moving would prejudice the child’s right and welfare.
In determining the best interest of the child, there are several factors to be considered such as the health, safety, and welfare of the child [Fam. C. § 3011(a)].
It is best to consult with a lawyer who is an expert in Family Law, to know the appropriate steps and action to take regarding custody and change of residence.