Parental Relocation & Move Away

San Diego Family Lawyer

There are different situations that may cause a parent to consider moving to another city, state or even country. It may be a career opportunity, may be considered for school-related purposes or may be done due to a desire to be closer to family. When parents share custody or visitation rights, however, a move away can become a complicated legal issue. Parental relocation, whether you are the custodial or non-custodial parent, is best addressed with the guidance and legal representation of an experienced San Diego divorce lawyer.

Court Approval for Move Away Cases

When a parent wishes to relocate, it is absolutely crucial that he or she take no action without the authority of the family law court. If the court has issued a custody or visitation order, a parent who moves away without undergoing the proper legal proceedings may lose custody and/or visitation rights and may even face kidnapping charges in some cases.

Unfortunately, getting permission for parental relocation can be complicated and difficult. The court has already made a ruling in the best interests of the child, and your relocation request will need to show that the move will be beneficial for the child.

The court will look at such issues as:

  • The reason for the move. A parent wishing to relocate simply to spite the other parent will not be taken seriously.
  • The impact the move will have on the child’s relationship with the parent who is not moving.
  • How the move will affect the current custody and visitation arrangement. If the move is far away but is not too far for regular visits, it may be easier to obtain court approval.

Make sure your case is properly presented and your parental rights protected in regard to your move away case. Contact a San Diego family attorney from Claery & Green, LLP today to learn more about your rights and options.

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