Can I Move With My Child After Receiving PCS Orders?

Permanent change of station (PCS) orders tell you where to report. Whether your child can move with you depends on your custody arrangement and, when necessary, a court decision. Start with the order in effect and the date you are due to report.

What should I look for in the custody order?

Read the provisions on physical custody, travel, geographic restrictions, written notice, and changes to the schedule. A move that would prevent you from following the current order may require a new order before the child relocates. If you and the other parent agree, address how to put that agreement before the court and obtain an updated order. California Courts’ move-away guide

How does a judge evaluate a disputed move?

The starting point depends in part on whether there is a final custody order and whether physical custody is sole or joint. California Courts identifies factors such as the distance of the move, the child’s age and relationships, the actual parenting schedule, and each parent’s willingness to support contact. The PCS orders explain the assignment. A proposed parenting plan explains how the child’s life would work after the move. California Courts’ relocation factors

What if my report date is close?

Identify the report date, proposed move date, school start date, and time available to obtain a hearing. Discuss with counsel whether to request interim orders and how to handle the period between reporting and a custody decision. If the child stays temporarily with the other parent, put the proposed dates, school arrangements, and parent-child contact into writing for review.

What should a workable proposal show?

Suppose both parents currently share school-week time in Riverside and one receives orders across the country. Show the court the calendars side by side. Identify which school breaks could support longer visits, how much of each visit would be spent traveling, who can escort the child, and how ticket costs and cancellations would be handled. Give the same attention to a plan in which the child remains in California.

An interstate move can also raise a separate question about which court can change the custody order later. Related draft on interstate military custody · Related draft on long-distance parenting plans

What if I received orders before there was a final custody decision?

Give counsel the current orders, including any temporary schedule, and explain how the parents actually divide school days, weekends, and vacations. The status of the custody order matters to the legal analysis. A temporary arrangement may call for a different argument from a request to change a final order. Describe how long the present schedule has been working and which parts of it the proposed move would change. California Courts’ guidance on final and temporary orders in move-away cases

If you expect to receive orders but have only a tentative assignment, identify which dates are confirmed and which could change. Counsel can assess what the court needs now and when it makes sense to present a definite proposal. Provide updated orders promptly if the assignment changes while a hearing is pending.

What should the notice say?

Check the judgment for the required timing, recipients, and method of notice. California Courts gives 45 days’ written notice as an example of a requirement that may appear in a custody order. Your attorney should read the actual order and assess the applicable notice requirements before relying on a particular deadline. Provide the proposed date and destination, explain the anticipated effect on parenting time, and retain proof of how you provided notice. California Courts’ guidance on relocation notice

A notice and a proposed order serve different functions. If the move requires a change to custody or parenting time, discuss whether to submit a written agreement for court approval or request a hearing. Build enough time into your plan for service, scheduling, and any required custody process.

What should I do if the other parent received orders and I object?

Read the proposed plan carefully and identify what you dispute. A parent may agree that the military assignment is genuine while disputing whether the child should relocate. Explain the child’s current routine, your role in it, and what would change. Identify specific concerns such as access to treatment, school continuity, travel frequency, or the child’s relationship with siblings.

Offer a schedule the court could actually adopt if the child stays. For example, identify school breaks the relocating parent can use, how flights would be booked, who would pay, and how the parents would handle a duty-related cancellation. A concrete alternative lets the court compare the child’s day-to-day life under both proposals.

Can the plan account for later orders?

A long-distance order can specify how parents will exchange duty and school calendars, request summer dates, and handle travel changes. It can also identify the process for discussing another relocation. Set out who books tickets, the acceptable airports, how soon itineraries must be shared, and who can accompany a younger child. Include a realistic plan for calls around school and time-zone differences.

When you take your proposal to counsel, bring both a calendar and a budget. A schedule with frequent flights may look generous on paper and be difficult to carry out once fares, escort requirements, and report times are considered.

Edgar & Dow can help you evaluate the California family law issues and prepare for the next decision. Contact Edgar & Dow to schedule a consultation.

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