C.H.

C.H., the mother (mother), appeals from a postjudgment order denying her request to relocate to the State of Washington with the parties’ minor child and modify the parenting schedule accordingly. Mother contends the trial court erred by denying her request to relocate with the minor child and refusing to modify the parenting schedule despite her stated intent to move. We find the trial court’s order was based on incorrect legal assumptions and failed to address the legal issue presented by mother’s request to relocate with the child (i.e., what custody arrangement would be in the child’s best interests when mother relocates to Wash.).

FACTUAL AND PROCEDURAL BACKGROUND

Mother and Jacob A., the father (father), were never married but they have a daughter, K.A., now seven years old, who suffers from “Type I” juvenile diabetes. When mother and father ended their relationship in December 2007, mother moved to Washington with the minor child. Mother indicated that she moved to escape an “unhealthy environment.” Father claimed mother moved only to deny him his parental rights.

Mother returned to California with the child and, in January 2008, father petitioned for custody of…