Rancho Santa Fe is a beautiful and affluent area of San Diego County, boasting luxury real estate, upscale shopping, and many high-end amenities. Many families in the area rely on custody agreements, and it is possible for disputes to arise with any custody order. One of the most contentious is a relocation dispute, and if you are facing such an issue, you need to consult a Rancho Santa Fe child custody relocation lawyer as quickly as possible.
Representing Rancho Santa Fe, CA, Clients in Child Custody Relocation Disputes
The team at Neumann Family Law, A.P.C., has years of experience representing clients in Rancho Santa Fe and surrounding communities of the San Diego area in all types of family law disputes, including those involving relocation with a custody order. Whether you are planning to move with your child or your co-parent intends to do so, a move-away attorney can help you determine the optimal approach to this challenging situation.
Roughly 10.5% of women and 7% of men in California are divorced, and it is possible for both divorcing married parents and unmarried parents to require child custody orders when they decide to raise their children separately. The Family Court of California has a responsibility to ensure the best interests of any children affected by a custody order, and this also applies to petitions to modify standing custody orders.
Relocating with a child is often a contentious issue. The non-relocating parent will naturally worry about being able to spend time with their child and exercise their custody or visitation rights. The relocating parent may believe that the move would be beneficial to their child in some way, so it is easy for these cases to devolve into hotly contested family court disputes.
Whatever your situation entails, your Rancho Santa Fe child custody relocation lawyer at Neumann Family Law, A.P.C., can help you make more informed and confident decisions in this situation. Whether you intend to relocate or fight your co-parent’s relocation petition, it requires modification of your custody order, and you must know what to expect in this situation.
Understanding Family Court Order Modifications in Rancho Santa Fe
The family court system of California recognizes that life can present unpredictable challenges, some of which can directly affect a standing child custody order. The modification process is an avenue for adjusting these orders to account for life events. It’s possible to petition the family court in Rancho Santa Fe for a reasonable modification to child custody and/or child support, and relocation is one of the most commonly cited reasons for these petitions in California.
Both the relocating parent and the non-relocating parent will need to thoroughly understand the terms of their custody order as they approach this situation. In California, custody is divided between parents in two forms. Legal custody allows a parent to make decisions for a child, and physical custody determines the child’s residence and how much time they spend with each parent.
If a parent has sole legal custody of their child and the noncustodial parent only has visitation rights, the custodial parent will have a generally easier time securing approval for relocation. However, the noncustodial parent may still have grounds to contest the relocation on the basis that the move is not in the best interests of the child.
On the other hand, a joint custody agreement allows for more room for dispute. When parents share custody and live relatively close to one another, relocation may not be a serious issue as long as the relocating parent stays within a certain radius, usually stipulated in their custody order, and provides the other parent advance notice of their move. As long as the move does not affect the other parent’s ability to exercise their custody rights, there may be no issue.
However, if the relocating parent wishes to take their child further than a distance specified in their custody order, the other parent must consent and provide express written permission for this to occur. The custody order will also need to be modified to account for the move. The non-relocating parent can also contest the relocation, and this will lead to a modification hearing in the family court.
Fighting Relocation in Rancho Santa Fe
During a relocation dispute in Rancho Santa Fe, both parents will typically have the opportunity to speak on the issue at their hearing. The relocating parent will need to present a compelling argument as to why their proposed move would benefit their child, while the non-relocating parent is likely to present a contradictory argument and attempt to prove that the relocation would not suit the child’s interests or pose some type of risk to their safety and well-being.
The judge overseeing the hearing will need to review various details in deciding on the relocation dispute. They will want to know the relocating parent’s motivation for the move, whether it will truly suit the child’s interests, and how the move could impact the child’s educational and social development.
These cases can go many ways. For example, the judge may deny the relocation request, meaning the parent who filed the petition will need to either move without taking the child with them or if they remain, with potentially less custodial time than prior to the move. The relocation could also be granted against the wishes of the non-relocating parent. Depending on the judge’s ruling, the standing custody and support order will need to be adjusted to reflect the relocation.
Making Your Case for Custody in Rancho Santa Fe
The attorneys at Neumann Family Law, A.P.C., can provide comprehensive legal support for all aspects of a custody dispute in Rancho Santa Fe. Any relocation petition will come down to the court’s interpretation of what would suit the child’s best interests. Regardless of which side of a relocation dispute you are on, trust your move-away attorney to help you approach your hearing with confidence and make the strongest case possible for the outcome you hope to see.
If you are planning to relocate with your child, you must notify the other parent right away, and if you have been notified of your co-parent’s desire to relocate with your child, you have limited time to respond. Contact Neumann Family Law, A.P.C., today to schedule your consultation with an experienced Rancho Santa Fe child custody relocation lawyer and learn how we can assist you.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
