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San Diego Move Away Order Attorney

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 San Diego Move Away Order attorney at Scott and Matteson today for experienced legal assistance in requesting a move away order.

Why Choose Us?

  • Attorney James Scott is board-certified as a family law specialist.
  • In cases where children are involved, we always act in the best interests of the child to ensure they receive the proper care.
  • We are open and transparent and strive to have our strategies informed by your needs.
  • Our San Diego Move Away Order lawyers have a history of obtaining successful results for our clients.

Do You Need a San Diego Move Away Order Lawyer?

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 family law attorney as soon as possible.

When Is a Move Away Order Needed?

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.

Factors Considered by the Court for a Move Away Order

The court will consider a number of factors before issuing a move away order, including:

  • Reason for the move
  • Distance the child would be moving
  • Age of the child
  • Relationship the child has with each parent
  • Wishes of the child (depending on the child’s age and maturity)
  • Stability and continuity in current custodial arrangement
  • Current time ratio the child has with each parent

Court Orders to Minimize the Impact of a Move

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:

  • Ordering the relocating parent to bring the child back to the state periodically
  • Ordering the relocating parent to pay the non-custodial parent’s expenses of travel to the child for visits
  • Allocating all travel expenses to the relocating parent
  • Expanding school vacation visitation periods for the non-custodial parent

What Happens if a Move Away Is Denied?

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.

Contact Us Today

At Scott and Matteson, 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.

Request a Free Consultation

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