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A parent who wants to move out of state with his or her child may need the consent of the other parent. If the other parent refuses to give that consent, the relocating parent may seek a move away order from the court. Contact a San Diego Move Away Order lawyer at Scott Family Law today for experienced legal assistance in requesting a move away order. Contact us at 858-974-4900 for a free initial consultation.
The law regarding move away situations is complicated and frequently changing. If you want to move away with your children, or you are concerned that the other parent will move away with them, your best course of action is to consult with an experienced San Diego divorce attorney as soon as possible.
Generally, a parent who has primary physical custody can move away with the child unless the other parent can demonstrate to the court that the move would be detrimental to the child. The burden of proof lies with the non-custodial parent. If the parents have joint physical custody of the child and one parent does not want the child to move, the relocating parent must obtain a move away order from the court to proceed with moving with the child.
The court will consider a number of factors before issuing a move away order, including:
When the court issues a move away order, it may attempt to lessen the impact of the move by encouraging continuing frequent contact with both parents. This may be accomplished by:
When a move away is denied, the judge cannot assume that the relocating parent will change his or her mind about the move and remain in the state. The court may issue orders consistent with the relocating parent moving without the child. A parent requesting a move away order should be aware that there is a risk of a change in custody if the order is denied, granting primary custody to the parent who opposed the move.
At Scott Family Law, our San Diego Move Away Order attorneys have decades of experience successfully handling complex family law matters. Call our office as soon as possible if you require a move away order to relocate with your child or want to prevent the other parent from moving your child a distance or out of state or country.