California
Do I have to tell my ex before I move with our child in California?
Quick answer
If your custody order requires it, yes. Family Code section 3024 lets a judge order a parent to notify the other parent before changing the child’s residence for more than 30 days, by mail with a return receipt, and where feasible at least 45 days before the move. Check your order for that provision before you plan anything.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Section 3024 says that in making a custody order, if the court does not consider it inappropriate, it may specify that a parent shall notify the other parent if the parent plans to change the child’s residence for more than 30 days, unless there is prior written agreement to the removal. The notice goes before the move by mail, return receipt requested, postage prepaid, to the other parent’s last known address, with a copy to that parent’s lawyer of record. To the extent feasible it is given at least 45 days before the move, to allow time for mediation of a new agreement.
Section 7501(a) says a parent entitled to custody has a right to change the child’s residence, subject to the court’s power to restrain a removal that would prejudice the rights or welfare of the child. Section 7501(b) adopts In re Marriage of Burgess (1996) 13 Cal.4th 25 as state law.
What to do next
Read the custody order for a notice or relocation provision and follow it exactly. If you and the other parent agree on a new schedule, you can make it an order with a signed stipulation. If you do not agree, either parent can ask the court to decide with a Request for Order.
Last checked against the sources above on October 6, 2026.
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This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
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