When a custodial parent requests the court to allow him or her to move their child to a location that would interfere with the non-custodial parent’s visitation, this is commonly referred to as a move-away case. Parents who share custody of a child can be put into a difficult situation when one of those parents wants to relocate.
There are varying reasons for relocation, such as a new job, getting married, health needs etc. Due to shared custody, the law will require either consent of the other parent, or a court order allowing the move away request. Regardless of the side of the move-away request that you fall on, it is important that you know your legal rights as a parent.
Many divorce decrees place a geographic restriction on parental relocation. Moving a child out of the county, state or country without first seeking court approval may violate a court-ordered agreement. Moving away can cause the court to make changes to your custody agreement. The court will always do what is in the best interest of the child. A move away request is not to be used as leverage, in any way, during a custody battle and/or divorce. There should always be a legitimate reason for the move.
It is common for the move-away parent to view the move as a doorway to his or her post-divorce future. The stay-behind parent, on the other hand, sees the move as a threat to his/her parenthood. We understand both positions in a move-away case; Agape Law Firm is here to help. Whether you are a parent hoping to prevent a move-away or a parent seeking to relocate, we are here to help. We help domestic partners involved in move-away disputes.
Agape Law Firm recognizes that move-away cases are a difficult task for our clients to face. The consequences of a court’s ruling in a move-away case can have a profound impact on both the parents and children involved.
If your child currently resides in San Diego and you are a parent considering relocating to another county, state or country, you should seek assistance from a San Diego family law attorney. If your children live in San Diego and you would like to prevent a move, you should seek immediate assistance from a San Diego family law attorney.