THURMAN'S INSIDER'S CUSTODY TIPS:
Is Notice Required Before a Parent Moves?
Family Code section 3024 is a critical statute that is directed to "parent
relocation" or "move-away" situations - where one person,
who is usually the "prime-time" parent, may later decide to
change the habitual residence of the parties' children, 30 miles,
300, or to another state. This section is routinely referred to in child
custody recommending counselor reports, custody evaluations, and custody
and visitation recommends as an order that the mom or dad must inform
the other of an intended move within at least forty-five days before it
occurs. Sometimes, however, reference to this section gets omitted in
court orders - and that is a real mistake for underempowered parent. One
of the valuable pointers I hope parents will leave my website with is
the foresight to ask your family law judge to require both parents to
comply with section 3024! Its greatest benefits include (1) creating a
mechanism by which both parents can and must be informed of the other's
intentions with regard to changing the residence address of the kids and
(2) creating an argument that a move-away, control-freak, other parent
who just doesn't honor the children's interest is having
two accessible should either (a) bring the child back after moving in violation
of this section or (b) stay where they've gone, but put your child
on a plane to come home!
CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
Family Code Section 3024
In making an order for custody, if the court does not consider it inappropriate,
the court may specify that a parent shall notify the other parent if the
parent plans to change the residence of the child for more than 30 days,
unless there is prior written agreement to the removal. The notice shall
be given before the contemplated move, by mail, return receipt requested,
postage prepaid, to the last known address of the parent to be notified.
A copy of the notice shall also be sent to that parent's counsel of
record. To the extent feasible, the notice shall be provided within a
minimum of 45 days before the proposed change of residence so as to allow
time for mediation of a new agreement concerning custody.
This section does not affect orders made before January 1, 1989.