Move Away or Relocation with Children After Divorce

Child Custody Attorney in North County San Diego

Moving out of the area or out of the State of California with a child is a complex legal issue. The Superior Court in Vista, California hears many child custody cases where a parent wishes to relocate and take the children along.  Are you able to simply take the children and move away?  The divorce documents in your case should contain specific language that addresses related custody and visitation issues, as well as future ability to move away with a child.

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Relocation cases can be quite complex and there are many questions surrounding these cases:

  • Can a parent with any type of custody move away with children without notice or permission?
  • What steps should I follow if I intend to move away with the child(ren)?
  • Can relocation by one parent be challenged by the other?
  • Can I prevent a parent from taking our kids and moving out of the area?

In California, our courts are concerned with what is in the best interests of the child. There are a host of variables that the court must consider, especially the possibility that the children will not have regular contact with one of their parents.  At the Law Offices of Andrew P. Johnson, we understand that you have a lot of questions.  As an experienced child custody and visitation attorney and a California Certified Family Law Specialist I can guide you through this process, and help to protect your rights and interests.  I invite you to call me at (760) 639-0187 or contact us to schedule a meeting to discuss your plans, understand your rights and develop a strategy that has the greatest opportunity for success.

California Courts Are Not Pleased By Parents Who Take Children and Move Away Without Obtaining Permission from the Court

aj Court not amusedThis is especially true in Vista, Carlsbad, Encinitas and North County San Diego. In most cases, the courts have established that it is in a child’s best interest to have frequent access to and spend quality time with each of their parents.  Most child custody and visitation orders provide substantial time with each parent.  If one of the parents decides to move away without obtaining the other parents permission, California courts can and will make custody changes based on what’s best for the children. This is a process that can take significant time and may require a best interest’s analysis conducted by a court appointed expert. If you are considering a move away or are faced with a parent that is requesting a move away contact the law offices of Andrew Johnson who has the experience to guide you through this process.

If Your Children Have Been Relocated Out of the Area or Out of State Without the Court’s Permission You Must Act Immediately to Protect Your Rights

Has your ex taken the children and moved away?

You need to take action to preserve and protect your rights. These cases often hinge on the issue of “venue” – which court will have jurisdiction over the case and the associated children.  We want to work together to make sure that California maintains jurisdiction over your children.  The timeframe for “venue” to move from California to the new state can be a few short weeks or months.  Fighting an out-of-state custody battle is much more difficult and expensive, and your influence may be greatly reduced.

It is important to act quickly. We invite you to contact us, or call (760) 639-0187 to schedule an immediate appointment.  We will discuss the unique circumstances in your case, and what can be done to help protect your rights and return the children to your care.  We can take immediate action to have the children returned, while protecting the jurisdiction in your case.  Venue will have a significant impact on the ultimate outcome in these situations, and I will work aggressively to help achieve a successful result for you and your children.