For military families, relocation is part of life. Permanent Change of Station (PCS) orders can arrive unexpectedly, requiring service members to move across the state, country, or even overseas — often with little notice.
But when children are involved, these moves create complex legal and emotional challenges. What happens to an existing child custody order when one parent — often a service member — must relocate under military orders? How does this differ from a standard “move-away” case in California?
This post explores the legal framework surrounding PCS-related relocations, how they differ from civilian cases, and the steps parents can take to protect their parental rights and maintain strong relationships with their children.
Understanding PCS Orders and Their Legal Implications
A Permanent Change of Station (PCS) order is an official directive transferring a service member to a new duty station. PCS orders typically involve:
- Moves to another base within the U.S. or abroad.
- A reporting requirement within a set timeframe (often 30–90 days).
- Extended assignments that may last two to four years.
Unlike civilian relocations, military families don’t always have the flexibility to refuse or delay the move. That’s where family law and military obligations collide — particularly when custody or visitation agreements are already in place.
PCS vs. Standard Relocation
In a civilian move-away case, one parent generally chooses to relocate for work, family, or lifestyle reasons. California courts assess whether the move is in the child’s best interest or whether it significantly disrupts an existing custody arrangement.
With a PCS, however, the move isn’t elective. It’s a legal duty backed by federal orders — and that distinction matters. Courts recognize that service members can’t simply “say no” to relocation, but that doesn’t automatically allow them to change or disregard custody orders.
How California Law Addresses Military Relocations
California has enacted several statutes to balance the realities of military service with the best interests of the child.
Family Code §3047: Protection for Military Parents
Under California Family Code §3047, a parent’s military service — including mobilization, deployment, or relocation under PCS orders — cannot be used as the sole reason to modify custody or visitation.
However, this doesn’t mean custody orders stay frozen. The law allows for temporary modifications during the period of service, with an expectation that the original arrangement will be reinstated once the service member returns or becomes available.
Key provisions include:
- Courts may grant temporary custody to another family member (such as a grandparent) while the service member is away.
- Upon return, the prior custody order must generally be restored unless doing so would harm the child’s best interests.
- Parents must notify the court and the other parent as soon as possible after receiving PCS or deployment orders.
This law reflects California’s effort to ensure that military duty doesn’t disadvantage a parent, while still prioritizing the child’s stability.
PCS Moves and Custody Modification Requests
A PCS move can trigger a need to modify custody and visitation, but the approach depends on which parent is moving and what the existing custody order says.
When the Custodial Parent Receives PCS Orders
If the custodial parent — the one with primary physical custody — must relocate:
- They may need to request court permission to move the child.
- The court will evaluate whether the relocation is in the child’s best interest under California’s “move-away” standards (per In re Marriage of LaMusga, 32 Cal.4th 1072 (2004)).
- The PCS adds complexity: the parent isn’t voluntarily moving, but the relocation still profoundly affects the child’s relationship with the other parent.
The court will weigh:
- The child’s relationship with each parent.
The impact on stability, schooling, and emotional well-being.
The availability of alternative visitation arrangements.
The feasibility of maintaining a meaningful relationship with the nonmoving parent.
Even though the PCS is mandatory, the court can deny a request to relocate the child if it finds that doing so would not be in the child’s best interest.
When the Non-Custodial Parent Receives PCS Orders
If the non-custodial parent is relocating due to PCS:
- Their physical custody time may need to be temporarily modified.
- Courts often order virtual visitation (video calls, messaging, etc.) to maintain consistent contact.
Upon return, the parent can request restoration of prior custody terms under Family Code §3047.
Temporary Custody and “Delegation of Visitation” Options
When PCS orders take a parent away for an extended period, courts can authorize temporary arrangements that preserve family connections.
Delegation of Visitation Rights
Under California law, a deployed or relocating military parent can request that their visitation rights be temporarily delegated to another family member (e.g., a grandparent or sibling), provided it’s in the child’s best interest.
This option:
- Keeps the child connected to the service member’s side of the family.
- Prevents the abrupt severance of contact due to PCS or deployment.
- Requires court approval and typically ends once the parent returns.
Virtual Visitation
Modern technology plays a critical role in military family law. Courts frequently order virtual visitation to maintain communication, using:
- Video calls (FaceTime, Zoom, Skype)
- Recorded messages or emails
- Shared photo or school update apps
Virtual contact doesn’t replace in-person parenting time, but it helps bridge the distance caused by PCS relocations.
Jurisdictional Challenges: When the Move Crosses State or Country Lines
A PCS move can raise jurisdictional issues, especially if one parent relocates out of California.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
California follows the UCCJEA, which determines which state has jurisdiction over custody matters.
- Generally, California retains jurisdiction if it was the “home state” of the child within the last six months before the move.
- If both parents leave California or establish residence elsewhere, jurisdiction may eventually shift to the new state.
When PCS orders move a service member overseas, the case can become even more complicated — particularly regarding enforcement of California custody orders abroad. Working with attorneys familiar with interstate and international custody laws is essential to prevent jurisdictional confusion.
Jurisdiction can be the 800-pound gorilla in military custody cases. Consider a military family. A child is born in Texas (Home State A). The family is then ordered to Virginia (Home State B) for three years. The parents divorce in Virginia, and Virginia issues the custody order. Two years later, the SM parent is ordered to California (New State C). The NMP has since moved back to Texas (Original State A).
Which state gets to decide the case?
- Virginia, which issued the original order?
- Texas, where the NMP and extended family live?
- California, which is the SM’s new location?
The answer is complex, but generally, the state that issued the original order (Virginia) retains exclusive jurisdiction. This means the NMP in Texas and the SM in California may have to hire lawyers and attend hearings (virtually or in-person) in Virginia. This logistical and financial nightmare is a hallmark of military custody disputes.
Best Practices for Military Parents Facing PCS Moves
Notify Early
Once PCS orders are received, inform the other parent and your attorney immediately. Courts appreciate proactive communication and transparency.
Be Proactive, Not Reactive: The moment you have notification of a PCS—even before you have hard orders—contact your attorney. Do not wait.
Educate the Court: Do not assume the judge understands the military. Your attorney must explain what a PCS is, why it’s non-negotiable, and what your new duty station provides (e.g., photos of housing, school information, community resources).
Present a “Maximum Visitation” Plan: Your greatest weakness is the NMP’s loss of time. You must counter this by presenting a detailed, generous plan that maximizes the NMP’s time. This means offering the entire summer, all of spring break, and alternating major holidays. You must also have a clear plan for transportation costs and logistics.
Document Everything
Keep copies of your orders, deployment schedules, and any written communications about the move. These records demonstrate that the relocation is required, not voluntary.
Seek a Temporary Modification (If Needed)
Request a temporary custody modification that outlines:
- Who will care for the child during your absence.
- How visitation and communication will be maintained.
- A plan for restoring the original order after your return.
Plan for Long-Distance Parenting
Collaborate with the other parent to establish:
- Travel arrangements for visits.
- Virtual visitation schedules.
- Clear expectations for communication frequency and methods.
Update Legal Documents
PCS orders may also affect:
- Power of attorney for child care decisions.
Designation of guardians during deployment. - School enrollment or medical consent forms.
Work with your attorney to ensure all necessary documents are current and enforceable in your new location.
When You’re the Non-Military Parent
Don’t Fight the Move, Fight for the Child: Do not waste time or money trying to convince the judge to stop the move. It won’t work. Your entire case must be focused on one point: “I am not challenging my ex’s career, I am challenging the idea that it is in my child’s best interest to be uprooted from their home, school, and family.”
Highlight Stability: Your greatest strength is stability. You must demonstrate the child’s deep roots in their current community. Gather testimony from teachers, coaches, therapists, and family members.
Demand a “Watertight” Order: If the court does allow the child to move, you must demand a highly specific, detailed order. This order should specify:
- Communication: A “virtual visitation” schedule (e.g., “FaceTime every Tuesday and Sunday at 7 PM”).
- Travel: Exactly who pays for flights, who accompanies a minor child, and which airport is used.
- Penalties: What happens if the SM parent fails to facilitate a visit?
If your co-parent is receiving PCS orders and you believe the move would harm your child’s stability or well-being, you have rights too. You can:
- Object to the child relocating out of state or country
- Request a modification of custody to allow the child to remain in California.
- Ask the court to set a long-distance parenting plan that preserves your relationship.
However, remember that the military parent is not choosing to move — so courts aim to strike a fair balance that respects both parental rights.
••Minella Law Group Can Help••
PCS-related relocation disputes are not just “tough cases”; they are among the most complex, emotionally draining, and legally intricate matters in family law. They represent a direct clash between a parent’s duty to their country and their duty to their child.
This is not the time for a general-practice lawyer. Whether you are the service member with orders in hand or the non-military parent fighting to keep your child, you need an attorney who is fluent in both family law and the specific, unique challenges of military life. Your family’s future depends on it.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
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