Encinitas boasts some of the most beautiful beaches and prime surfing locations in California, and it’s widely regarded as a great albeit expensive place to raise a family. Luxury real estate, high-end retail, and fine dining are easily accessible in the area, and many parents enjoy the opportunities Encinitas provides to their children. However, parents with custody orders may encounter disputes. An Encinitas child custody relocation lawyer is a vital asset in this situation.
Helping Parents With Child Custody Relocation in Encinitas, CA
The attorneys at Neumann Family Law, A.P.C., have years of experience helping clients in Encinitas and surrounding communities of San Diego County with all types of child custody disputes. Relocation disputes, in particular, tend to be contentious, and if you are on either side of such a case, it is crucial to work with an experienced move-away lawyer when navigating your legal proceedings.
Our firm takes a client-focused approach to family law counsel. If you are planning to relocate with your child, we can help you understand the rules you must follow as directed by your custody order. We can also help you prepare for a dispute with your co-parent. If you are fighting a relocation petition, we can assist you in drafting a compelling argument that can help you prove the move would not suit your child’s best interests.
Ultimately, move-away disputes are often some of the most contentious issues parents face when it comes to modifying their custody orders. About 10.5% of women and 7% of men in California have been divorced, and it is possible for divorced parents or unmarried parents with custody orders to encounter relocation disputes that they will need legal counsel to help them resolve. Regardless of what your situation entails, Neumann Family Law, A.P.C., can help.
Understanding Relocation With a Custody Order and the Modification Process in Encinitas
Every child custody order in California defines two types of custody: legal custody, which is the ability to make decisions for a child, and physical custody, which dictates the child’s residence and how much time they spend with each parent. Parents must abide by the terms of their custody order to the letter at all times. When a parent wishes to move, their custody order will stipulate the rules they must follow.
If one parent has sole custody of their child and the other parent only has visitation rights, the noncustodial parent may have very little room to argue against relocation. However, if the relocation would prevent them from having visitation time or cause undue hardship in doing so, they may argue against it. When parents have joint custody, relocation disputes can be far more challenging to resolve.
If you plan to relocate with your child but you are only moving a short distance, you may only need to notify your co-parent in advance. However, your custody order may set a mileage restriction, and if you are moving more than this distance, you may need the other parent’s express written permission. They could agree or disagree completely, and a modification hearing will need to be held to resolve the dispute.
Preparing for a Modification Hearing in Encinitas Family Court
The family court system of California acknowledges that life events can directly influence standing custody orders, and modifications to these orders are sometimes necessary. Parents are also able to petition for reasonable modifications to these orders, but must be prepared to make compelling arguments as to why these changes are necessary.
The judge overseeing this hearing will listen to arguments from both parents. The relocating parent will need to show that their proposed move will be beneficial to their child, while the non-relocating parent can counter this petition in various ways. They may simply object to the relocation, forcing the other parent to choose between keeping the status quo or relocating alone, or they may counter with a proposal to assume greater physical custody of their child.
The judge will assess various factors in making their decision. They will scrutinize the relocating parent’s motivation for their proposed move, assess the child’s individual needs, and consider the arguments presented by the non-relocating parent. For example, the parent fighting relocation may argue that the child has an established routine, access to extended family, and many close friends where they are now, and the move would be emotionally distressing to them.
The judge may also want to hear from the child or children if they are old enough to convey their preferences to the judge. A child may wish to remain with the non-relocating parent so they can stay in the same school and stay close to their friends, and this could be enough for the judge to deny the relocation.
If the judge allows the relocation to go forward, either with the parent taking the child or moving by themselves, it will require modifying the custody and support terms. If they deny the relocation, the relocating parent will need to either remain where they are or move without taking their child with them, accepting new custody terms.
How Your Encinitas Child Custody Relocation Lawyer Can Help
The right move-away lawyer can be a tremendous asset in your case on either side of the relocation dispute. The team at Neumann Family Law, A.P.C., has years of experience guiding clients through all types of custody disputes and relocation hearings, and you can trust our team to build a strong argument for you whether you are trying to relocate with your child or fight your co-parent’s relocation.
We take time to learn as much as possible about each client we represent. Our goal is to help our clients approach their relocation hearing with confidence and present sound arguments before the judge who will make the final ruling. When changes are made to a custody order, they will typically take immediate effect, and our team can help you thoroughly understand any such changes made to your custody order.
If you are planning to move with your child, you must abide by the notification and permission requirements set forth in your custody order in a timely fashion, and if you are fighting a relocation, you need to act quickly to develop your arguments. The Neumann Family Law, A.P.C., team is prepared to help with all stages of these difficult proceedings. Contact us today to schedule a consultation with an experienced Encinitas child custody relocation lawyer.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
