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 the other parent 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 move away 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.
Call us at (858) 492-7968 today for a consultation! We serve Del Mar and all of San Diego County.
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.
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.
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David Schulman Founding Partner & Board Certified Expert in Family Law
Erik Moore Founding Partner & Board Certified Expert in Family Law
Julie Westerman Partner & Board Certified Expert in Family Law
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