2755 Jefferson Street, Suite 205, Carlsbad, California 92008 | 1019 Costa Pacifica Way, Suite 1303, Oceanside, California 92054

Silverman & Silverman, Attorneys at Law

Free initial phone consultation NORTH COUNTY SAN DIEGO CARLSBAD 760.512.3251 OCEANSIDE 760.512.3251 SAN FRANCISCO 415.906.4142 Evening & Weekend Appointments Available
Move Away Custody

Knowledgeable Attorneys Resolving Relocation and Custody Disputes in Carlsbad, Oceanside & Vista, CA

Representing parents who move away or object to child relocation

As you move forward with your lives, opportunities may arise that encourage you or your former spouse to move. A new job, a marriage, better schools and proximity to relatives are attractive incentives for a divorced parent. Because the move often interferes with the relationship between the children and the nonmoving parent, the court must approve their relocation.

Silverman & Silverman, Attorneys at Law was established in 1993 and focuses exclusively on family law issues. If you are the relocating parent, we advocate for your right to transfer with your children to embrace your new opportunities. If you are the non-relocating parent, we can oppose a move that would jeopardize your relationship with your children.

Burden of proof

When a parent who has sole physical custody requests an order to change the child’s residence, the non-custodial parent has the initial burden of showing that the move would be detrimental to the child. If that showing is met, the court will determine if the move is in the child’s best interests.

In a joint physical custody situation, when one parent seeks to move with the child, the parent who is not moving needs to establish that a change of custody is in the child’s best interests.

Factors the court considers

The court's primary concern is whether the move is in the children's best interests. At a hearing, the court considers the non-moving parent's objections to the relocation notice in light of what is in the children's best interests. Relevant factors include:

  • The importance of maintaining stability and continuity with the parents' custodial arrangement
  • The extent to which the parents currently share custody
  • How much time each parent spends with the children and contributes to parenting responsibilities
  • The distance the children are moving
  • The children's ages
  • The children's relationships with each parent
  • The parents' relationship with each other as it relates to their cooperation and communication in support of their children's well-being
  • The reasons the parent is proposing to move
  • Whether the children want to move if they are mature enough for their input to be deemed appropriate

Modification of custody and visitation orders

In most cases, a modification of the visitation plan accompanies the approval of a relocation request. A change in the child custody plan may accompany a denial of a relocation motion if the parent intends to move without the children.

Call our Southern CA lawyers about resolving relocation and custody disputes

For assistance with your relocation and child custody dispute, call Silverman & Silverman, Attorneys at Law at 760.512.3251 or 415.906.4142 or contact us online to schedule your free initial phone consultation. Sunday appointments are available.

From our law office in Carlsbad, we serve clients in Oceanside, La Jolla, Vista, Encinitas, Escondido, Rancho Santa Fe and throughout the San Diego area.

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