Moving Out of State with No Child Custody Agreement California

Have you considered moving out of state without a child custody agreement? That may not be a good idea without consulting a family law attorney first. Child custody is often one of the most contentious components of a divorce. Whether due to genuine love and care for the child or a parent’s egotistical desire to get back at the other parent, we know that there can be a significant amount of contention surrounding the issue.

At S.L. Pitts, our California child custody lawyers are here to support you in fighting for the best interests of your children. The right decision for your children is not always obvious, but we are here to help you examine all the relevant factors about moving to a new state and find the best path forward.

You May Lack a Child Custody Agreement for Several Reasons

California does not require you to have a custody agreement if you live separately from your child’s other parent. However, most situations involving the court involve some kind of agreement. Some situations where you may not have a formal custody order include those in which:

The parents were never married
You are separating, but have not filed official paperwork
You are in the process of separation or divorce, which is not yet finalized
Your child does not have established paternity

Just about any situation that has not gone through the court system may not have an established custody agreement. This may work for some families, but it leaves you open to problems down the road.

Moving Out of State Without a Custody Agreement Due to Safety Concerns

When your home or your ex is dangerous, the best thing you can do is to work with an attorney who understands domestic violence and call the police to report any imminent safety concerns.

If you are planning to leave, or are in the beginning stages of leaving your abuser, our team can help you determine whether we can obtain a temporary custody order that will allow you to leave with your kids pending the final decree. Doing so before this may put your ability to obtain or maintain custody in jeopardy.

If you are attempting to leave an abusive or unsafe situation, it can seem reasonable to get yourself and your children as far away from the other person as possible. However, until you have made your case to the judge, this can backfire. The child custody attorneys at S.L. Pitts can help you access the resources you need to leave as safely as possible.

The Risks of Moving Out of State Without a Custody Agreement

There are numerous risks associated with moving out of state with your children without a custody agreement. One of the most serious risks is the chance of facing charges of custodial interference by denying the other parent their right to physical custody or visitation. If you have not separated or do not have a formal custody or visitation agreement, the child’s other parent has the right to parent their child without interference.

Allegations of Parental Alienation

Parental alienation is not illegal in California, but it is heavily discouraged and may affect the ruling in a custody agreement. If you take your children from the other parent by moving them out of the state, there may be other circumstances that make the courts suspect you are working against the other parent to sabotage the relationship. Whether this is true or not can be overshadowed by the fact that you moved them so far away without permission.

Negative Impact on Your Children

It’s not a secret that children thrive with stability. When you move out of state without a custody agreement, you may be opening the door for multiple avenues of upheaval. Imagine you move them to a new place, they have a new house, a new school, and new friends. Two months in, they are finally getting a routine established and feeling comfortable, only to find out they have to leave and return to their home state.

This damages your credibility with them and forces them to endure unnecessary stress and transition.

Loss of Parenting Time

If the courts require the children to come back to the other parent, you have a couple of options. You can move everyone back, or stay where you are and make a different visitation schedule work. If you stay put, it is likely to reduce the parenting time you have. If you move back, you may still see a less favorable outcome because the courts may see the move as your failure to act in the child’s best interests.

Parental Rights and Custody Orders

As a parent, you have the right to make educational and medical decisions for your child. You also have the right to determine their religious upbringing. These rights remain intact, regardless of whether the parents live together, unless a court intervenes. In most circumstances, both parents retain these rights, but the custody order determines the amount of parenting time each parent receives.

Most previous and current research shows that effective coparenting has a significant effect on positive long-term outcomes for children. Children who spend substantial quality time with both parents show a better connection to their parents later in life and better overall health outcomes.

International Moves Without a Custody Agreement

The risks of moving internationally without a custody order can be much heavier than a domestic move. Many countries, including the United States, adhere to the Hague Convention on the Civil Aspects of International Child Abduction, which may enable the domestic parent to request the return of the child.

If your child’s other parent demands their return, you may find yourself involved with international police in addition to facing charges of parental abduction, which can be a felony in some situations.

Much like the domestic interstate move, the courts may determine that your attempt to move your child internationally was outside of your child’s best interests, which can negatively impact the final agreement. If they feel your decision was kidnapping or an attempt to hide the child, you may lose a significant amount of parenting time or only get supervised visits due to safety concerns.

Our Custody Attorneys Can Help You Navigate Your Out-of-State Move

The lack of a custody agreement simply indicates that neither parent has pursued the issue or forced it. However, the safest way to ensure stability for yourself and your child is to work with an attorney to proactively get the agreement. At S.L. Pitts, our team of attorneys helps you meet your goals while centering the well-being of your child.

We understand what the courts consider important, and we can help you take proactive steps to obtain permission to leave, rather than scrambling after the courts have become involved. Our child custody lawyers will take time to learn your unique situation and explain your options based on that.

As a firm, our core values guide our focus on supporting clients throughout the process with honest and clear communication. The final decisions are yours to make, but we will help you to feel well-informed and confident while you make them.

Courts Can Grant Several Kinds of Custody Orders That Affect an Out-of-State Move

The above research is one of the reasons courts often default to a 50/50 custody schedule and adjust it as needed to meet the family’s individual needs. The types of custody or visitation orders you may see discussed include:

With a Schedule: A specific schedule for visits that is set by the court. This typically includes dates and times for visitation or parenting time.
Reasonable: This type of schedule gives a general guide for the split (often as close to 50/50 as possible) and allows the parents to work it out as it works for them. These schedules may have a week on and a week off, a 3-day/4-day split, or some other routine.
Supervised Visitation: Supervised visitation schedules typically occur when there is a safety concern. This may be used for a parent battling addiction or severe mental health conditions that affect their ability to care for the children.

In extreme circumstances, one parent may not have any visitation rights, leaving it up to the custodial parent. If a parent does not have visitation rights, this does not necessarily mean they do not have parental rights. However, termination of parental rights would mean that they do not have visitation rights.

Modification of a Court Order for an Out-of-State Move

If you have a custody agreement that does not permit you to move out of state with your children, you may discuss pursuing an order modification to allow you to move. The courts understand that life circumstances change, and while they are not typically inclined to separate children from healthy parents without cause, they may grant it under the right circumstances. These might include:

The custodial parent has historically been the primary parent for the children and wants to move to a state with a larger support system for themselves and the children
The parent has a significant job opportunity that will dramatically affect the children’s quality of life
The parent who wants to move has a history of facilitating a positive and healthy relationship with the other parent and the means to do so

Any of the above situations is affected by the moving parent’s history and willingness to support an ongoing relationship with the remaining parent. If the other parent can show that you speak negatively about them in front of your children, or take actions to make their relationship more difficult, it can cause problems.

Similarly, if the remaining parent fails to utilize their current parenting time or maintain a relationship with the child, it may be easier to receive permission to move.

Other Child Custody Considerations for an Out-of-State Move

A lack of a custody agreement does not mean the other parent lacks rights. If you move out of state without their knowledge or consent, they can report you for interference or kidnapping. If the other parent has yet to establish paternity, they may obtain a court order to confirm it through DNA testing and then pursue a visitation schedule.

You are most protected when you have a formal custody agreement. However, if you do not have one, considering the points below may help show the courts that you were still trying to act in good faith:

Get permission from the child’s other parent in writing. This does not stop them from taking you to court, but it may help your situation to show that they had previously agreed to the arrangement
Try to be proactive in developing and facilitating a new visitation schedule
Consider your child’s feelings about the move
Ensure your child will have an adequate social support system in the new area
Your child’s educational, medical, and emotional needs

Ultimately, a judge will consider whether the move is in the child’s best interest. This is not typically something that is black and white, so the more you are able to show that you have considered your child in the decision and made every effort to help your child maintain a relationship with their other parent, the better off you are likely to be if they decide to get the court involved.

Contact S.L. Pitts for Legal Guidance Before Moving Out of State with No Child Custody Agreement

Whether you are facing the fallout after trying to leave the state with your kids or you are simply considering staying with family while you figure out your separation, it is always a good move to discuss your situation with an attorney. The team at S.L. Pitts has decades of combined experience to help you accomplish your goals in a way that will not cause bigger issues down the road.

Do not risk the time you get with your child by moving out of state without consulting an attorney. To request a consultation, contact our family law firm today.