Military Relocation Custody Cases CA
PCS orders just hit your inbox and suddenly “Mommy has to move” becomes a legal emergency that can reshape custody for the next eighteen years. California courts treat military relocation as a contested move away under Family Code 7501, but with extra layers of federal notice requirements and deployment contingencies.
Following a tight checklist prevents the judge from viewing your career change as an excuse to slash parenting time and ensures your children can enroll in new schools without a last minute court block.
Ninety Day Pre Move Filings
- Notify the other parent in writing with the new duty station, housing plan, and proposed school district
- File a petition for move away authority simultaneously with the notice so the court has jurisdiction
- Request an expedited custody evaluation if the move exceeds 150 miles
- Attach command sponsorship letter showing the move is mandatory, not voluntary
Judges hate surprises, so we send the notice by certified mail and email, then file the return receipt with the court. In a recent Camp Pendleton case the court denied the mother’s opposition because she had received 120 days notice and waited until week four to object, proving prejudice.
Crafting A Realistic Parenting Plan
We build in virtual visitation five days a week via secure military video platforms, extended summer blocks that match the school calendar, and travel cost sharing based on BAH differentials. Including a step up schedule for when the service member returns to California shows the court this is a temporary hardship, not a permanent severance.
We also designate a family care plan agent who can assume physical custody if the service member deploys after relocation. That safety net convinces many judges that the children’s day to day life will remain stable even if the parent ships out again.
Financial Exhibits That Persuade
Relocation cases hinge on comparative economics. We present a spreadsheet showing housing costs, health care continuity, and extracurricular opportunities at the new location versus Los Angeles prices. When the new duty station offers better schools at half the housing cost, the court views the move as beneficial, not selfish.
And we always factor in flight mileage and frequent flyer programs so travel costs feel concrete, not speculative. Judges appreciate hard numbers over emotional speeches about “quality time.”
PCS season is here and courts are booking out months in advance. Bring your orders to our Santa Monica office and we will run the checklist, draft the notice, and file the motion in one visit so you can accept the assignment without risking your relationship with your kids.
