Cardiff by the Sea is a beautiful beach town in San Diego County, offering many opportunities to enjoy natural beauty and pristine beaches, as well as luxury shopping and fine dining. While Cardiff by the Sea is considered a great place to raise a family, many parents with custody orders contend with all types of unexpected issues, including relocation disputes. If you are facing such an issue, you need to speak with a Cardiff by the Sea child custody relocation lawyer.
Experienced Legal Counsel for Child Custody Relocation Disputes in Cardiff by the Sea, CA
The team at Neumann Family Law, A.P.C., has extensive experience representing clients in all types of family court disputes in Cardiff by the Sea and surrounding communities in the San Diego area. We understand the emotional stress you may be experiencing on either side of a relocation dispute, and our goal is to guide you through your court proceedings as smoothly as possible.
About 10.5% of women and 7% of men in California have been divorced, and it is possible for divorced parents or unmarried parents to have custody orders that they must respect at all times. However, the family court system of California acknowledges that life can sometimes present unpredictable challenges, some of which can directly influence the terms of a standing court order. When these issues arise, a parent needs a move-away attorney they can trust.
Our firm is ready to assist you on either side of a relocation dispute with a custody order. Whether you wish to move with your child and need to prove that this will better suit their interests, or you must contest your co-parent’s relocation and present a contradictory case, we can review the details of your custody order and your situation to help you develop an individualized strategy for confronting this issue.
Preparing for the Modification Process in Cardiff by the Sea
Every child custody order in California will dictate two types of custody for a child’s parents. Legal custody is the ability to make important decisions for a child, while physical custody dictates the child’s residence and how much time they spend with each parent. The custody order will dictate strict terms for each parent’s rights and responsibilities, including the rules the parents must follow if either of them decides to move.
Whether parents are divorcing or resolving child custody as a standalone issue, the judge handling their case must decide what type of custody arrangement would suit the child’s best interests. Judges tend to prefer joint custody arrangements whenever possible, and it is generally accepted that a child benefits most when they have roughly equal access to both of their parents.
When one parent has sole legal custody, they may only need to notify the noncustodial parent of their desire to move, and the noncustodial parent’s permission may be required. However, if the noncustodial parent has visitation rights and the move would affect their ability to exercise those rights, they may argue against the relocation.
Move-away disputes are more contentious when parents have joint custody. Their custody order may stipulate how far a parent may move with their child before the other parent’s express written permission is required. For example, if you only plan to move a few miles to a new house, and this will not cause any undue hardship to your co-parent, you may only need to notify them in advance of your move.
However, if you are moving a greater distance and your co-parent’s custody time will be impacted, they could agree or dispute your move. If they agree, the court order may still need to be modified. A new physical custody schedule may need to be arranged to accommodate the distance between the parents. If the non-relocating parent objects, there will be a hearing in which both parents will have the opportunity to speak on the issue.
Resolving Relocation Disputes in Cardiff by the Sea
During a relocation hearing in the San Diego County family court, both parents will appear before a family court judge who will need to deliver a ruling that they believe suits the child’s best interests. The relocating parent will have to explain their motivation for the move and why they believe it will be better for their child, while the non-relocating parent will likely present a contradictory argument.
It is also possible for the non-relocating parent to submit a counterproposal seeking greater physical custody, effectively allowing the relocating parent to go ahead with their move alone. The judge overseeing this hearing will need to review the relocating parent’s motivation for the move, the child’s individual needs, and the arguments presented by the non-relocating parent in making their decision.
The family court judge has a legal duty to always rule in favor of the child’s best interests. They may approve the relocation or assign new custody terms if the move with the child is denied, but the relocating parent wishes to go ahead with their moving plans. Ultimately, if any changes are made, the judge will dictate these changes and then implement them into the parents’ custody order. These changes may also influence child support terms for the parents.
What to Expect From Your Cardiff by the Sea Child Custody Relocation Lawyer
The team at Neumann Family Law, A.P.C., excels at resolving complex child custody disputes in Cardiff by the Sea. Our firm strives to provide client-focused legal counsel in every case we accept, and we understand the emotional strain you are facing when it comes to a relocation dispute. On either side of such a case, trust your move-away attorney to deliver compassionate and responsive legal guidance through all of your proceedings.
If you are planning to relocate with a custody order, you have limited time to provide notice to your co-parent and obtain their permission, and if you are fighting a relocation petition, you need an attorney on your side right away to help you prepare for this dispute. Contact Neumann Family Law, A.P.C., today to schedule your consultation with a Cardiff by the Sea child custody relocation lawyer and learn how we can help.
*CFLS = Certified Family Law Specialists by the State Bar of California Board of Legal Specialization
