Legal Question in Family Law in California

Re: custody of kids

Assuming that there is already a custody/visitation order in place, then, yes, she can assuming that the reason for the move is not to frustrate your contact with the children.

By statute, the parent with physical custody of the children has the presumptive right to change the children's residence. The court's will not interfere with such a move unless it is detrimental to the child.

If you wish to change custody arrangements, then you, as the noncustodial parent, have the burden to show that the changed circumstances render it "essential or expedient" for the welfare of the children that custody be modified.

If you can show that the proposed relocation is solely for the purpose of frustrating your relationship with the children, then the court might change custody.

Depending on how far away the children are being moved, you might want to ask the court to modify your current visitation schedule so that it works for you and the children.

Hope this helps.