When you and your ex have a child, moving can be a very significant decision and spark a complex legal process. It takes a lot of planning and a lot of thought. If you or your ex is contemplating a relocation out of San Diego County or even out of California, it is important to understand your rights and options as early on in the process as possible.
The San Diego parental move-away attorneys at Brave, Weber & Mack, APLC, can answer your questions. If you choose to move forward, we can help you file a request for a hearing, which is usually the first step in requesting permission from the court to relocate with your child.
If you are afraid that your ex plans to move and take your child with him or her, we can advise you about what steps you need to take to combat the relocation. Our attorneys have also helped clients craft nontraditional move-away agreements, such as those that agree to use Skype and other technologies to maintain the parent-child relationship over long distances.
If the parties don't agree on the move-away, the court process can take six months to a year. Plus, even if the judge approves it, an automatic 30-day stay will go into effect. This means that the sooner you contact your attorney to begin the process, the better.
Factors the Court Considers in Granting a Move-Away Request
For the sake of the children involved, the court will usually perform a traditional best interests analysis. A few of the factors the court will take into account include:
- The current child custody arrangement and the child's stability
- The parent's emotional attachment to his or her child
- The relocation distance
- How the move-away may impact both parents' finances
- How the proposed move would affect child support payments
- The child's age and relationship with both parents
- The reasons behind the proposed move
- Any parental animosity or other ulterior motives
- The child's own wishes (in some cases)
Our Solana Beach Child Relocation Attorneys Can Help
In any move-away case in California, planning is essential. For experienced counsel and representation, schedule a free initial phone consultation with a lawyer at Brave, Weber & Mack, APLC, today. Call us at 858-345-2487 or e-mail our office.