For parents who are raising a child in separate households, one of the most difficult challenges comes when one parent wants to relocate. This can disrupt existing custody arrangements and create new obstacles as you work to determine how both parents can remain active, loving participants in their children’s lives.
At Contreras Law Firm, our San Diego based family law legal team is here to help you respond to and overcome these challenges so you can move forward in the best way possible. We have represented both parents who are hoping to relocate and parents who are staying behind and we are skilled at both out-of-court negotiation and litigating on this issue.
Give us a call at (619) 238-0616 to schedule your free consultation with a San Diego child relocation attorney to learn more about the help that we can offer.
Why Contreras Law Firm is the Firm to Trust on Child Relocation Issues
Contreras Law Firm is the firm you should trust if a move-away request or child relocation issue has arisen that affects your future. We not only bring decades of collective legal experience to your case but we can also offer unique benefits others don’t including:
- A decades-long history of fighting exclusively for the rights of children and families involved in divorce and custody issues.
- A long track record of successfully negotiating relocation arrangements out of court so your family can avoid the time and stress of litigation
- Strong litigation experience and a proven ability to demonstrate your preferred outcome is in your child’s best interests
We understand how sensitive issues of child custody can be, and we know how much it matters to every parent to maintain the strongest possible relationships with their children. We treat every relocation case with the importance that it deserves, fighting for the best possible outcomes from day one.
Understanding Move-Away Cases In California
Move-away requests refer to a request made by one parent for permission to move his or her children out of state or a considerable distance away from the other parent. Since such a move has the potential to impact the children’s relationship with the other parent, the relocating parent must have the approval of either the non-relocating parent or the court. Some of the reasons why a parent may need to relocate include:
- Seeking new career opportunities in another city or state
- Continuing with his or her education, or the education of the child
- Wanting to move closer to family members
- Remarriage
If you are the relocating parent and the court denies your move-away request, you may move across the country without your children and will no longer get to see them every day. If you are the non-relocating parent and the court approves the move, you may only see your children a handful of times each year.
These situations require a thorough understanding of California family law to understand the best approach to take in your case. We understand that move-away requests have a severe impact on the children and the parents, which is why it is important to have attorneys who are committed to protecting your rights and preserving your critical parent-child relationships.
How Can a San Diego Child Relocation Attorney Help You?
A San Diego relocation attorney at Contreras Law Firm can offer invaluable assistance when you are facing a relocation issue. Some of the services we provide include:
- Helping you to understand your relocation rights if you have sole custody of your children
- Working with you to understand how your custody order impacts your ability to move both locally and far away
- Helping you to make a compelling case that your child’s best interests are served by your preferred outcome regarding the relocation request
- Working with you to fight against relocation if your child’s other parent has expressed a desire to move away
- Helping you to establish legal parentage and petition for joint custody if you want to make sure the other parent of your child cannot relocate without permission when you do not already have a custody order in place
We represent parents in all types of situations, from single parents with no custody order in place to relocation requests that occur as part of divorce or when there is already an established custody order.
When possible, we work towards out-of-court solutions as this can save you money and time, and help you to find a solution that maintains family harmony. This could include creating virtual visitation schedules or establishing a new shared custody order that works after the move.
If no agreement can be reached, we have extensive experience during mediation proceedings and in a courtroom. We understand the law and we will do everything possible to help you make your case for your preferred outcome when negotiating during mediation or when you’re trying to convince the court to rule in your favor.
The stakes are high when a move could mean losing access to your child, or when not being able to relocate could mean giving up important career and personal opportunities. You need a firm that’s focused on the big picture, that finds cost-effective solutions, and that helps families find the right approach even in impossible situations.
How are Move Away Requests Decided?
California laws are clear regarding how a move-away request will be decided.
California Family Code section 7501 states that “A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”
This means if you have sole physical custody of your child, you can relocate without permission unless the court feels that doing so would somehow harm your child’s best interests.
If parents have joint custody, however, California Family Code section 3087 says “an order for joint custody may be modified or terminated upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires modification or termination of the order. If either parent opposes the modification or termination order, the court shall state in its decision the reasons for modification or termination of the joint custody order.”
In other words, if you have shared custody and want to change your custody order so you can move, you must show it is in the child’s best interests to do so. Courts consider many factors when deciding if a move is in a child’s best interests including:
- The reason for the proposed move
- Where the child’s new home would be
- How the child splits time under the current custody arrangement
- The child’s relationship with both parents
- How well the parents can co-parent
- How the move will affect the child’s relationship with the other parent
- How a move will impact the child’s stability
- How the move will affect important community ties
- The health and educational needs of the child
- The opinion of the child, if the child is old enough
Typically, you must provide notice of your relocation intent 45 days before the move to allow time for a decision to be made, and you will need to try mediation before going to court on the issue.
Discuss Your Move-Away Concerns With an Experienced San Diego Move-Away Attorney
A San Diego move-away request attorney or child relocation attorney can provide invaluable assistance when a question arises over whether one parent can go to a new place. Contact Contreras Law Firm at (619) 238-0616 to schedule your consultation and find out how we can represent you in these difficult situations.