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RELOCATION

Best interests of the children vs. any harm that may result

San Diego Relocation Attorney

California Laws on Move-Aways

If a parent with custody requests to move to a new residence, especially when relocation involves distance, conflicts often arise. The other parent with whom the child has visitation is understandably concerned that the move will diminish his or her role in the life of a child. California laws about move-away orders are complex, and cases go to family court if both parents cannot agree on the terms. That is why it is important to work with an experienced California child custody attorney that knows how to fight for your desired outcome.

How Are Child Relocation Cases Decided?    

A custodial parent that wishes to pursue a move-away order through the court system must file paperwork that includes details about the child relocation where parents specify their reasons for moving away. This is reviewed before a hearing with the judge. As with any family law issue regarding children, the judge determines a course of action that is believed to be in the best interest of the child.

Understand that family courts in California recognize that having both parents involved in upbringing of a child is usually in that child’s best interest. There are exceptions, but judges are normally compelled to make orders in line with frequent and continuing contact with a parent with visitation rights under the California Family Code.

It is not uncommon that hearings involve psychological evaluations, or 730 evaluations, which helps the court make determinations in regards to the best interest of a child. Sometimes a child’s testimony may be taken in open court. Ultimately, family court judges weigh dozens of factors in determining the outcome of child relocation cases.

How Far Is a Parent Allowed to Move?

In past decisions about parental relocation in Southern California, the courts determined that moves as close as 30 or 40 miles away would disrupt the relationship with non-custodial parent and render the move-away is outside of the best interest of the children involved. In sprawling metropolitan areas like Los Angeles and greater San Diego, these considerations often come into play.

A Family Law Attorney with Proven Results

At Holstrom, Block & Parke, APLC, our team of San Diego family law attorneys work to resolve these matters through negotiation or mediation whenever possible. If you have to go to court, our lawyers know how to craft solutions aligned with what judges find acceptable based on past recommendations. We specialize in preparing you to make the most convincing case in family court so you may achieve your desired outcome.    

For more information or to schedule a free phone consultation with our experienced parental relocation attorneys in San Diego, call us at (619) 736-3396.

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