San Diego Child Custody Lawyer Handling Relocation Matters
After a separation or divorce, a parent may decide to relocate for a number of reasons. They may wish to be closer to family and friends for emotional support, they may find that they can no longer afford to live in the same city, or they may wish to move to accept a new job opportunity. Whatever the reason, when a parent wishes to move, they will have to work together with their ex-spouse in order to decide where their children will live and how the non-custodial parent will continue to have a relationship with them. While some divorced parents can agree to an arrangement on their own, logistical and emotional difficulties can make a decision difficult in some cases. In these situations, it will be left to the court to decide.
At Moore, Schulman & Moore, APC, our San Diego child custody attorneys understand that child custody is a sensitive matter that requires the utmost professionalism and compassion. If you or your ex-spouse is considering a relocation with your child, turn to our firm for the guidance you need to ensure a smooth transition that is compliant with the law.
Understanding a “Move Away”
This type of case occurs when the parent with sole or joint custody of the child chooses to relocate to a place distanced far enough to disturb the current custodial arrangement. Whether the move is 20 miles or 2,000 miles away, if the arrangement will be altered, new visitation and custody orders will be needed.
The issue does not involve whether or not the parent is permitted to move, but whether the child should move with the parent. If both parents share custody, there is no need for a parent to show a change of circumstances in order to ask to alter the custody agreement. Rather, the court will hold an evidentiary hearing and make the decision based on the best interests of a child. If one parent has sole custody, he or she has the “presumptive right” to relocate with the child. This can only be challenged if the non-custodial parent proves that such a move will be harmful to the child.