Move Away Requests

San Diego County Child Custody Experts: Del Mar, La Jolla, Solana Beach, Coronado

What is a “Move Away” Request?

A Move Away Request  is when a parent wishes to relocate outside San Diego County, the State of California, or even the United States and have the child move with them.  The parent is essentially asking the Court for permission to move the child or children to another jurisdiction.

Although statutory and case law on move away cases are always changing, in every move away request the Court should perform a traditional best interest’s analysis. Some factors the Court will consider include:

-          The child’s stability and continuity of the current custody arrangement;

-          The relocating parent’s level of attachment to the child;

-          The distance of the relocation;

-          The financial impact on each parent;

-          The child’s age;

-          The child’s relationship with both parents;

-          The relationship between the parents;

-          The child’s wishes (if appropriate);

-          The reasons for the move;

-          The non-payment of support by the stay-behind parent;

-          Impact on parents mental stability if permitted or denied;

-          Availability of special education and medical facilities;

-          Parental animosity; and

-          Other relevant factors.

Most move-away cases are initiated by the filing of a request for an “Order to Show Cause” hearing. They can also be heard at trial at the conclusion of a case. Move away cases typically end up in an evidentiary hearing where each parent and possibly experts testify as to the above-mentioned facts. Additionally, the parties must file specific paperwork and declarations stating why the proposed move is either in or not in the child or children’s best interests.

Requests to relocate should be carefully considered and prepared.  Planning is needed. The attorneys at Wilkinson & Finkbeiner, LLP have had much experience and success with such requests. For more information, call our office at (619) 284-4113 to set up your free consultation.