Parental Relocation/ Move-Away Request

Parental Relocation, Move-away request

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.

At Agape Law Firm, San Diego family law attorney Sarah Redparth will represent you. If you need an experienced, compassionate, yet aggressive Family Law Attorney to help you with your Relocation & Move Away needs, Contact us today or call us today at (619)546-6556.