How to File a Relocation/Move-Away Petition

mother and child packing a box

Having a skilled attorney is crucial to handle your move-away or relocation petition, as the law is complex and ever-changing. To begin, you’ll need to file paperwork with the family law courts and explain why you wish to move away and whether you believe it is in the best interest of your child. The next step in the process is having a court hearing or a series of hearings to obtain all the necessary facts. Finally, a judge will decide whether you move-away request is granted after reviewing all the necessary information from you, your ex-spouse, both parties’ lawyers, and the couple’s children themselves, in many cases.

Be prepared: Your ex-spouse may very well contest your plan to move away with your mutual children. Once they have been served the necessary paperwork, it is that parent’s burden (the one who is not moving) to prove that their child moving away would be detrimental to their best interests. With emotions high, this can be a minefield of tension to navigate between you and your ex-spouse and your children may feel stuck between you two. Whether you are the parent planning to move or you are the non-moving parent who doesn’t want your children taken far away from you, you’ll need the knowledge and expertise of a skilled attorney in California to help you understand your options moving forward.

What Is in the Best Interest of the Child?

Many family law cases where children are involved seek to mitigate harm to the child in the wake of their parents’ divorce. It is often challenging to determine what is best for the child, even in the best case scenario, unless the parents come to a mutually beneficial agreement and do not contest the move-away petition.

When making decisions on move-away cases, family court judges have strict evaluation criteria they take into account, including:

  • The approximate distance of the move
  • The age of the child(ren)
  • The child’s relationship with each of their parents
  • What the child desires
  • The reasons for the proposed move, such as a new job, or the remarriage of one parent to a new spouse
  • The extent of the shared custody between the parents

Contact Us at Family Law San Diego

Moving your children to a new residence outside of their current city, state, or country comes with extra baggage in the aftermath of a divorce. Whether you are the custodial parent seeking to relocate with your children or a non-custodial parent who wishes to prevent the move-away order, you can rely on our board-certified attorneys at Family Law San Diego. Move-away cases in California are legally complex and can be frustrating without the help of a lawyer who is familiar with California family law and has a track record of success.

To speak to a member of our legal team, please call (619) 577-4900 or reach out online to get in touch.