Solana Beach is a gorgeous seaside community in San Diego County. While many parents believe it’s a great place to raise a family, it’s possible for any parent with a custody order to eventually encounter a dispute with their co-parent. Relocation disputes can be especially contentious, and if you are facing such an issue, you should consult an experienced Solana Beach child custody relocation lawyer as quickly as possible.
Representing Solana Beach, CA, Parents in Child Custody Relocation Disputes
Neumann Family Law, A.P.C., provides compassionate and responsive legal representation for a wide range of complex family court matters for clients in Solana Beach and surrounding communities of San Diego County. We know how challenging it can be to find yourself on either side of a relocation dispute with a child custody order, and our team can help you make sense of your situation and determine the optimal path forward.
In California, about 10.5% of women and 7% of men have been divorced. Some are parents with custody orders, and it is also possible for unmarried parents to have custody agreements that they must strictly follow. No matter what your situation entails, if you find yourself on either side of a relocation dispute in Solana Beach, you need a move-away attorney on your side to help you navigate this situation efficiently.
Our firm can listen to the details of your situation and provide comprehensive support no matter which side of the dispute you find yourself on. If you are trying to relocate to provide a better life for your child, we can help you prove the merits of your desired relocation before a family court judge, and if you must fight relocation, our team can help you make a compelling argument against your co-parent’s desired relocation.
Understanding Child Custody Relocation Disputes in Solana Beach
Every custody order in California dictates two forms of custody. Legal custody enables a parent to make important decisions for a child, while physical custody dictates how much time a parent spends with their child and where the child lives. Whenever possible, family court judges in California try to arrange joint custody to provide a child with as close to equal access to both parents as possible.
A custody order will include clear rules when it comes to a parent moving. If they are only moving a short distance and this is unlikely to affect the standing physical custody schedule, they may only need to notify their co-parent in advance. However, the order may stipulate that if they are moving farther than a specific distance, the other parent will need to provide express written consent; otherwise, the dispute will need to be resolved by a family court judge.
The modification process exists to provide parents with an avenue to implement necessary and reasonable changes to standing family court orders as their lives change. For example, a parent may receive a lucrative job offer more than 100 miles away and wish to take their child with them. Maintaining their current physical custody schedule may not be possible, so they will need to prove to a family court judge that this move would be beneficial to their child.
Fighting a Relocation Petition in Solana Beach
When you are notified that your co-parent intends to relocate and take your child with them, you have several options to respond. You could decide not to contest the move and accept that your custody order may change. This could involve modification of both your physical custody schedule and your child support terms. Alternatively, you can either object to the move or present a counterproposal.
For example, if you intend to argue that the relocation would be harmful to your child in some way, you could ask to take greater physical custody of the child, becoming their primary caregiver and allowing your co-parent to relocate by themselves. This would also likely require modification of physical custody and child support terms. It’s also possible to simply object, which would compel your co-parent to choose between keeping the status quo or moving alone.
The judge overseeing the dispute will want to hear from both parents. The relocating parent will need to explain why the proposed move would benefit their child, and the non-relocating parent will present contradictory arguments. They may attempt to prove that the move would be too disruptive to their child’s routine, take them away from other family members and friends, or present some type of danger to their safety and well-being.
A judge may wish to hear from the child in this situation if they are old enough to convey their preferences. The child may wish to remain where they are despite the relocating parent’s motivation for the move, or they may be excited to move to a new place despite the non-relocating parent’s objections. Ultimately, the judge is required to rule in whatever way they deem will suit the child’s best interests.
How a Solana Beach Child Custody Relocation Lawyer Can Help
Any type of child custody relocation dispute can be a hotly contested issue, and it is important to prepare accordingly, regardless of which side of the dispute you find yourself on. Neumann Family Law, A.P.C., excels at resolving difficult child custody cases in Solana Beach and throughout San Diego County. We can listen to the details of your situation and explain the legal services we provide that can help you feel more confident about the hearing ahead of you.
Ultimately, the final decision for any relocation dispute rests in the hands of the judge overseeing the case. They must rule in whatever way they believe suits the best interests of the child. The team at Neumann Family Law, A.P.C., can provide the compassionate and results-driven legal counsel you need for either side of this dispute.
You have limited time to meet the notification and permission requirements of your custody order if you intend to move with your child, and you have limited time to respond if you are notified that your co-parent intends to relocate with your child. Contact Neumann Family Law, A.P.C., today to schedule a consultation with a Solana Beach child custody relocation lawyer and learn how we can assist you with this difficult situation.
*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
