Military Custody Move-Away Cases –
“Do I Have to Choose Between My Career and My Kids?”
This is the heartbreaking question many service members face when:
– Getting PCS orders overseas
– Being stationed far from co-parent
– Facing a custody battle
Here’s the reality of military move-away cases in California:
1. The General Rule
Courts can’t prevent you from obeying orders
But they can determine what happens with the kids
2. Possible Outcomes
A. Kids Move With You (if):
– You’re primary custodian
– Move clearly benefits child
– Solid long-distance parenting plan exists
B. Kids Stay With Other Parent (if):
– They’re primary custodian
– Move would disrupt stability
– You can’t show adequate care arrangements
C. Modified Custody (most common):
– Adjustments to visitation schedule
– Extended summer/winter breaks
– Virtual visitation requirements
3. Critical Factors Courts Consider
– Child’s age/school situation
– Relationship with each parent
– Your proposed care plan at new location
– History of co-parenting cooperation
4. How to Prepare for PCS Custody Issues
1. Notify co-parent immediately upon orders
2. Propose detailed parenting plan
3. Document all attempts to cooperate
4. File for modification ASAP (don’t wait until move week)
5. What If You’re the Staying Parent?
– You can request move-away restrictions
– May be entitled to relocation expenses for visitation
– Can argue for primary custody if move harms child
Don’t Lose Parenting Time to Your Orders
We help service members negotiate custody solutions that work with military obligations.
