Knowledgeable Attorneys Resolving Relocation and Custody Disputes in San Diego County
Representing parents who move away or object to child relocation away from them
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 the children’s relocation.
Silverman Family Law, APC, 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 nonrelocating parent, we can oppose a move should it be a move that jeopardizes your relationship with your children.
Burden of proof
When a parent with sole physical custody requests an order to change the children’s residence, the noncustodial parent has the initial burden of showing that the move would be detrimental to the children. If that showing is met, the Court will determine if the move is in the children’s best interests.
In a joint physical custody situation, when one parent seeks to move with the children, the objecting parent needs to establish that a change of custody is in the children’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
Modifying custody and visitation orders
In most cases, modifying 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 North County lawyers about resolving relocation and custody disputes
For assistance with your relocation and child-custody dispute, call Silverman Family Law, APC, at 760-512-3251 or contact us online to schedule your free, initial phone consultation. Sunday appointments are available.
Silverman Family Law, APC, located in Carlsbad, California, serves clients in and around Carlsbad, San Diego, Oceanside, Vista, Escondido, Del Mar, Solana Beach, Rancho Santa Fe, Encinitas, La Jolla, Mira Mesa, Poway, Rancho Bernardo, San Marcos and all North County San Diego.