Del Mar is a small but highly affluent community in the San Diego area, famous for thoroughbred horse racing, high-end retail, and luxury real estate. Many parents in the area and throughout California have child custody orders, and it is possible for disputes to arise in various ways. Relocation disputes, in particular, tend to be contentious, and if you are facing either side of such a dispute, you need to speak with a Del Mar child custody relocation lawyer right away.
Helping Del Mar, CA, Clients With Child Custody Relocation Disputes
Neumann Family Law, A.P.C., offers compassionate and client-focused legal representation for all types of family law disputes in Del Mar and throughout the San Diego area. We regularly handle all types of cases, including divorce, custody determination, and more, and it is possible for parents with custody orders to return to court to modify the terms of these orders. If you are facing such a situation pertaining to relocation, your move-away attorney can help.
About 10.5% of women and 7% of men in California have been divorced, and there are many divorced and unmarried parents throughout the state with child custody orders. It is crucial for all parents to abide by the terms of their custody orders to the letter, but sometimes, life presents unpredictable challenges that require revisiting and modifying these orders. Relocation is one such issue, and our team can help on either side of this situation.
Relocation with a child custody order can easily generate hotly contentious disagreements between parents. The relocating parent may believe their move to be in their child’s best interests, while the non-relocating parent may disagree and reasonably fear for their ability to exercise their custody and visitation rights. In most of these situations, formal modification hearings are required so that family court judges may rule on these disputes.
Regardless of whether you are planning to relocate or you intend to fight your co-parent’s relocation with your child, a move-away attorney at Neumann Family Law, A.P.C., is ready to assist you. Your Del Mar child custody relocation lawyer can carefully review the details of your situation and develop a strategy to help you achieve your goals.
Understanding the Family Court Order Modification Process in Del Mar
The family court system acknowledges that life events can disrupt a standing family court order or make the current terms of the order untenable. It’s also possible for parents to receive new job offers and encounter other opportunities that will require adjusting the terms of their custody orders. If you have encountered such a situation, it is possible for you to file a petition for modification of your family court order to accommodate your new circumstances.
When a parent wishes to relocate with their child, and they have a custody order, the order itself will stipulate each parent’s respective custody and visitation rights and rules for addressing relocation.
For example, if one parent is only moving a short distance and this move will not impact the other parent’s custody, they may only need to provide advance notice of the move. However, if they are moving farther away, they need the other parent’s express written permission.
Child custody in California is arranged based on two types of custody. Legal custody is the ability to make important decisions for a child, while physical custody applies to the child’s residence and how much time they spend with each parent. If one parent has sole legal custody, they may be able to relocate without the noncustodial parent’s permission, but the noncustodial parent may still contest the petition if they can meet their burden of proof that the move is not in the best interest of the child.
When parents share custody of their child with a joint custody order, relocation is likely to be a more difficult issue to resolve. When the relocating parent is moving far enough away that their current physical custody schedule will no longer work, the non-relocating parent may contest the relocation.
They may seek to secure greater physical custody so the child can move with them, or the relocating parent may be forced to cancel their moving plans if they are unwilling to give up custody.
Ultimately, if a parent wishes to relocate with their child, the custody order will dictate whether the other parent’s express written permission is required. Whether the parents agree or not, the situation will likely require a modification hearing before a judge in family court. Your Del Mar child custody relocation lawyer can be a valuable asset on either side of this dispute.
Challenging Relocation With a Custody Order in Del Mar
In any relocation dispute in the Del Mar family court system, both parents have the opportunity to speak before a judge at the modification hearing. The parent who wishes to relocate with their child will need to present a compelling case that their move would provide the child with better opportunities or some type of tangible benefit and would suit the child’s best interests. The non-relocating parent will prepare a contradictory argument.
The non-relocating parent may claim that the move would be harmful to the child’s development or well-being in some way, or they may challenge the motivation for the move. They may also offer a counterproposal, seeking greater physical custody rights that would allow the child to remain with them in a familiar area while the other parent relocates.
The judge overseeing this dispute must consider multiple factors, such as the relocating parent’s motivation for the move, the child’s individual needs, and the ability of the non-relocating parent to assume greater physical custody should this prove to suit the child’s interests better than relocation. The relocation request could be denied, forcing the parent who intended to relocate to either agree to new custody terms and relocate alone or cancel their moving plans, with the possibility of having less custodial time than before the requested move..
How Your Del Mar Child Custody Relocation Lawyer Can Help
The team at Neumann Family Law, A.P.C., can help on either side of a relocation dispute in Del Mar. Whether you want to move with your child to ensure better opportunities for them to be closer to other family, or if you must fight a relocation that would not suit your child’s best interests, you can rely on our team for compassionate legal guidance through all of your proceedings in the San Diego County family court system.
You have limited time to prepare for your modification hearing once a petition for relocation has been issued. Contact us today and schedule your consultation with an experienced Del Mar child custody relocation lawyer to learn how we can help with your case.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
