La Jolla offers beautiful natural scenery and upscale living, boasting a great deal of luxury real estate and high-end retail. Many parents find it to be a great place to raise a family, but it’s possible for any parent with a custody order to eventually encounter all types of disputes. If you or your co-parent plans to relocate with a custody order, it is crucial to consult an experienced La Jolla child custody relocation lawyer at your first opportunity.
Representing Parents in Child Custody Relocation Disputes in La Jolla, CA
The attorneys at Neumann Family Law, A.P.C., have years of experience helping our clients in La Jolla and surrounding communities in the San Diego area with a wide range of family law matters, including divorce cases, child custody disputes, and modifications to standing family court orders. On either side of a relocation dispute, a move-away attorney can help their client approach this difficult situation with confidence.
Roughly 10.5% of women and 7% of men in California have been divorced, and divorcing parents in the state must resolve custody of their children. It’s also possible for unmarried parents to enter family court in order to establish custody and parental responsibilities. All parents with custody orders in California must understand their rights and responsibilities under these court orders and follow them to the letter.
The family courts of California acknowledge the fact that sometimes major life events can directly affect the terms of a standing custody order. Relocation can be an especially contentious issue. If a parent wishes to relocate with their child, the other parent may disagree and wonder how they can contest this move. Both parties will need to prepare for a difficult modification hearing in family court to resolve this dispute.
The team at Neumann Family Law, A.P.C., is ready to assist you with either side of a relocation dispute in La Jolla. Whether you wish to move and take your child with you, or your co-parent is relocating and it will affect your parenting time with your child, a move-away attorney can help you understand the modification process and develop a compelling argument for you.
Understanding Child Custody Modification in La Jolla
Every custody order in California is arranged based on what the court believes will suit the child’s best interests. There are two forms of custody stipulated in these orders. Legal custody allows a parent to make important decisions for a child, while physical custody determines how much time the child spends with each of their parents. Generally, family court judges in La Jolla and throughout San Diego County try to arrange joint custody whenever possible.
Relocation can be a contentious issue for many reasons. When one parent moves, it can make it more difficult for the other parent to keep to their physical custody schedule and/or incur greater travel expenses. The court order will also include clear rules pertaining to relocation. Generally, if a parent is only moving a short distance, they must notify the other parent, but if they are moving farther than a specified distance, the other parent’s permission is required.
If one parent has sole legal custody and wishes to relocate with their child, the noncustodial parent may have very little room to argue against this. They may still contest the move if it will negatively affect their visitation schedule, but ultimately, the judge will rule in favor of whatever they believe will suit the child’s best interests.
When parents have joint custody, relocation disputes are more difficult to resolve. The relocating parent must be prepared to present a compelling argument as to why the move would suit their child’s best interests, and the other parent must be ready with a strong counterargument. On either side of such a dispute, an experienced La Jolla child custody relocation lawyer is an invaluable asset.
Preparing for a Modification Hearing in La Jolla
If you want to relocate and take your child with you, it is vital to follow the rules set by your custody order pertaining to notifying your co-parent and obtaining their express written permission. They may agree to the move without contest, but you will still need to modify the custody order to reflect the relocation. They could also object to the relocation, and this will lead to a modification hearing.
The judge overseeing a child custody relocation hearing in La Jolla must consider multiple factors in making their decision. They will review the relocating parent’s motivation for their move, the child’s individual needs, and the arguments presented by the co-parent contesting the move. On either side of this dispute, you need an experienced move-away attorney to help you craft a compelling argument.
When you are fighting relocation with a custody order, you can either focus on swaying the judge to deny the relocation, forcing the other parent to abandon their moving plans and keeping your custody order unchanged, or you may offer a counterproposal, asking the court for greater physical custody and allowing your co-parent to proceed with their move alone. Ultimately, these cases can be contested in various ways.
What to Expect From Your La Jolla Child Custody Relocation Lawyer
The attorneys at Neumann Family Law, A.P.C., have extensive experience representing parents in all types of custody disputes in La Jolla. We know how difficult any relocation dispute can be to resolve, and our goal for every client is to help them reach an acceptable resolution as efficiently as possible. We know the various challenges you could encounter on either side of this dispute and how to help you navigate the process with confidence.
If you are planning to relocate with your child, you must follow the notification and permission rules set forth by your custody order carefully, and if you are planning to object to your co-parent’s relocation, you need to consult a move-away attorney as quickly as possible to start crafting your arguments. Neumann Family Law, A.P.C., is ready to help, so contact us today to schedule a consultation with an experienced La Jolla child custody relocation lawyer.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
