San Diego Move-Away Lawyer

Helping Custodial Parents Relocate with Children After Divorce

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.

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.