Parental Relocation & Move Away Cases in San Diego
Moving Out-of-State with Joint Custody
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
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 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 parental relocation attorney from Claery & Hammond, LLP today to learn more about your rights and options.