Move-Aways & Relocations

San Diego Parental Relocations Lawyer

Board-Certified Family Law Attorneys Helping You in Move-Away Cases

Very often, just because a divorce is finalized does not mean there may not be issues in the future that will trigger a need for a post-divorce modification agreement. One of the most common reasons to amend an existing arrangement among the parties is if one party would like to relocate (i.e. move away), and there are minor children involved that would be affected.

At Family Law San Diego, we help families throughout California who have relocation issues and concerns.

Speak with a family law attorney about your relocation needs. Call our law office at (619) 577-4900 to schedule a free consultation or complete our online contact form.

Legal Considerations for Parental Relocation in California

Before a move-away case can be considered, it is essential to understand the existing custody and visitation arrangement. If both parents share joint custody, the relocating parent must obtain either the consent of the non-relocating parent or the court’s approval.

If there is sole custody, the custodial parent typically has the right to make decisions about the child’s residence, though they may still need to inform the court of the proposed relocation. In either case, the court’s determination will center on what is best for the child, considering the potential impact of the move on the child's relationship with both parents.

Reason for the Relocation

The reason behind the proposed relocation is an essential legal ground for the move. California courts assess the motives of the relocating parent to determine if they are in line with the child’s well-being. Valid reasons for relocation might include:

Employment Opportunities: The relocating parent may have received a job offer that significantly improves their financial stability and provides a better environment for the child.
Family Support: Relocating to be closer to extended family members may be a legitimate reason if it benefits the child’s emotional and psychological development. Extended family relationships can provide additional support, stability, and a sense of community for the child.
Health Reasons: Relocation for health-related reasons, whether related to the parent or the child, may also be a compelling factor. For instance, moving to a location with better healthcare facilities or medical specialists can support the child’s or parent’s well-being.
Safety Concerns: If the relocating parent has safety concerns due to domestic violence or other risks, relocation to a safer environment may be a valid reason to request permission from the court.

In each case, a San Diego parental relocation lawyer will help provide evidence that supports the necessity of the move and demonstrates how it aligns with the child's best interests.

Factors the Court Considers in Move-Away Cases

Relocations/move-aways must be formalized in the form of an order and approved by the courts, even when the parties are all in agreement. This is true whether it is the custodial parent with the children or the non-custodial parent making the request.

The court will consider several factors, including the timeshare of each of each parent. The court may also consider underlying factors related to the request, such as a new job, and the impact on the minor children’s best interests.

Some of the factors that the court may consider when deciding whether to grant a move-away petition may include:

The age of the children
The approximate distance of the move
The children's relationship with both parents
The extent to which the parents currently are sharing custody
The children's interest in stability and continuity in the existing custodial arrangement
The wishes of the children, if they are mature enough for such an inquiry to be appropriate
The reasons for the proposed move, including new job, remarriage by one parent
The relationship between the parents, including their ability to communicate and cooperate effectively
The impact of the move on the child’s education
The feasibility of maintaining a relationship with the non-relocating parent

Our San Diego lawyers will help you anticipate these factors when drafting a relocation/move-away petition. We will also be ready to argue before the court why the relocation/move-away should or should not be granted.

Our attorneys will request any appropriate child custody and child support modifications stemming from the relocation request. We are here to help you anticipate every aspect of your and your children's lives that will be affected by a relocation and to help you plan accordingly.

Procedures and Legal Process in Move-Away Cases

California family law requires that a parent seeking to relocate with a child follow a specific legal process. A San Diego parental relocation attorney can guide you through the steps of the process to ensure compliance with the law and avoid unnecessary delays.

Notice to the Non-Relocating Parent: The parent wishing to relocate must notify the other parent of their intention to move. In many cases, this notification is required to be given in writing and within a specific time frame before the planned relocation.
Court Hearing: If the non-relocating parent objects to the move, the relocating parent must petition the court to approve the move. A hearing will be scheduled, and both parents will present evidence and arguments regarding the move. This is where having a knowledgeable move-away lawyer can be invaluable in helping you present your case effectively.
Mediation: In some cases, the court may require the parents to attend mediation before proceeding to a full hearing. Mediation is an opportunity to work with a neutral third party to negotiate a resolution to the dispute. We can represent your interests in mediation and help you reach a favorable agreement.
Court’s Decision: After considering all of the evidence, the court will issue a ruling on whether the relocation can proceed. The court’s decision will be based on the factors mentioned earlier, with a primary focus on the best interests of the child. The court may grant or deny the relocation, or it may propose modifications to the custody or visitation arrangement to accommodate the move.

What Happens If the Move Is Approved?

If the court approves the relocation, the parents will need to modify their existing custody and visitation arrangements to accommodate the new circumstances. This may include adjusting visitation schedules, travel arrangements, and other aspects of the parenting plan. Our move-away lawyer in San Diego can assist in negotiating these modifications to ensure that the child’s relationship with both parents is maintained despite the move.

What Happens If the Move Is Denied?

If the court denies the relocation, the parent wishing to move may need to reconsider their plans or look for alternative solutions. It may be possible to appeal the decision if there are grounds to do so, but this can be a lengthy and costly process. We can help you explore all of your legal options and advise you on the best course of action moving forward.

Alternative Dispute Resolution in Parental Relocation Cases

In family law matters, including parental relocation, it is often in the best interest of both parents and children to reach a resolution outside of the courtroom. Litigation can be costly, emotionally draining, and time-consuming, which is why many courts encourage or even require the use of Alternative Dispute Resolution (ADR) methods, such as mediation or negotiation, before moving forward with a trial.

ADR methods can help both parents reach a mutually beneficial solution while reducing the adversarial nature of the proceedings. A San Diego move-away lawyer can assist in using ADR effectively, representing their client’s interests while working toward an amicable agreement regarding relocation.

Why You Need a San Diego Parental Relocation Lawyer

Whether you are the parent seeking to relocate or the one challenging the move, it is essential to have experienced legal representation. A skilled San Diego parental relocation lawyer can help you navigate the legal process, present compelling arguments, and advocate for the best possible outcome for both you and your child.

Understanding the factors involved in move-away cases, the legal procedures, and how to present your case effectively in court are crucial aspects of ensuring your parental rights are protected.

Protecting your relationship with your child and ensuring the best possible outcome requires a deep understanding of California family law and experience in handling these types of cases. Reach out today to learn more about how we can assist you in securing the best result in your relocation case.

Call (619) 577-4900 to schedule a free consultation. We can empower you by presenting all of your options, allowing you to make an informed and confident decision. Contact us online today!

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