San Diego Move-Away Lawyer

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.

Common Reasons for Relocation

Relocation in a child custody case in California can be a complex matter and typically requires court approval. Common reasons for relocation can include:

• Job Opportunities: One of the primary reasons for relocation is a new job or career opportunity in another city or state. If a parent receives a job offer that significantly improves their financial situation or offers better career prospects, they may seek to relocate with their child.
• Family Support: Another common reason is to be closer to family members who can provide emotional, financial, or practical support. This might include grandparents, aunts, uncles, or other relatives who can help with childcare or offer a support network.
• Education: Parents may want to relocate to provide their child with better educational opportunities. This could involve moving to a district with better schools or relocating to be closer to a specific educational institution such as a college or specialized program.
• Healthcare Needs: If a child has significant healthcare needs or requires specialized medical treatment, parents may need to relocate to be closer to medical facilities or specialists who can provide the necessary care.
• Safety Concerns: In cases involving domestic violence or other safety concerns, a parent may seek to relocate to ensure the safety and well-being of themselves and their child. This may involve moving to a different city or state to escape an abusive relationship or dangerous environment.
• Quality of Life: Sometimes, parents may simply want to relocate to improve their overall quality of life. This could involve moving to a more affordable area, a location with better recreational opportunities, or a community that better aligns with their values and lifestyle.

Regardless of the reason for relocation, parents must follow the legal process outlined by California law, which typically involves obtaining approval from the court and demonstrating that the move is in the best interests of the child. Failure to follow the proper procedures can result in legal complications and potential consequences for the parent seeking to relocate.

What Factors Does the Court Consider in Move-Away Cases?

The goal of the court is to come to a decision that is in the best interests of the child. There are a number of factors that the court will consider to achieve this end, including, but not limited to:

• The child’s relationship with both parents
• The child’s age
• The child’s health and educational needs
• The distance of the move
• The relationship between the parents
• The reasons for the move
• The child’s preference, if mature enough to make an informed decision

Every situation is unique, and there are no clear-cut rules when it comes to the court’s decision in these matters. Ultimately, the court’s goal is to create an arrangement that will allow the child to enjoy a continuing relationship with both of their parents, no matter how much distance is between them.

San Diego Family Law Experts® with 200+ Years Experience

Child custody law can be challenging, especially when relocation is involved. It is important to put an attorney on your side who is experienced in these matters and who can help you resolve your custody matter efficiently and as favorably as possible. If you are a parent on either end of a move away case, we encourage you to get in touch with a San Diego move away lawyer at Moore, Schulman & Moore, APC.

We’re here to help. Speak to a move-away attorney in San Diego today when you call (858) 492-7968.