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San Diego Relocation Attorney

Finding Solutions for Life’s Changing Needs

Custody orders often contain restrictions that prevent parents from moving out of their county of residence. While you certainly have the right to move, a judge may transfer custody to better serve the child’s best interests. When a parent wants to move, they will have to obtain a new court order.

If you are considering a relocation or want to prevent the other parent of your child from relocating, consult with the team at Embry Family Law P.C. Our San Diego relocation attorney is a Certified Family Law Specialist by The State Bar of California Board of Legal Specialization. Our firm is ready to advocate effectively on your behalf.

Contact us online or call (619) 485-6476 for a consultation.

Providing Notice of Relocation

Custodial parents have the right to move as long as the move won’t negatively affect the child’s best interests. California law requires the parent planning to move to provide written notice of the plan at least 45 days before the proposed move. If the other parent opposes the relocation, a hearing will be scheduled.

The Relocation Hearing

Relocation cases are among the most difficult decisions that must be made in the family court system. Judges understand the impact that separation can have on the relationship between children and parents. It is possible to move without losing custody of your child. In fact, judges usually only make a change in custody when the move would be detrimental to a child.

Judges may consider factors such as the:

  • Distance of the move
  • Need for stability and continuity
  • Child’s physical and emotional health
  • Relationship of the child with each parent
  • Relationship between the parents
  • Extended family relationships
  • Harm that may be caused by the relocation

These cases can be difficult to win, particularly when the person seeking approval for relocation is unrepresented. Due to the complexities of this area of law and the many factors that influence adjusting custody orders to accommodate a relocation, it is important to have experienced legal representation. Our relocation attorney in San Diego has extensive experience representing clients in move-away cases.

Please contact us at (619) 485-6476 to discuss your relocation plans. 

    Our Clients Share Their Stories

    • "Thank you Nicholas -- your team and clients are lucky to have you."
      It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.
      - Kathy D. (Google Review)
    • "Extremely grateful to have Ben, Kaylin, and Nick on my side."
      Ben, Kaylin, and Nick are an amazing team of knowledgeable professionals in family law. Their main focus is their client's and family member's wellbeing. They are calm and extremely experienced with custody orders. Not everyone can handle your stress and the chaos that you may have while going through the family law process, but this team gets the most difficult situation handled with care and full transparency and respect. Extremely grateful to have Ben, Kaylin, and Nick on my side. Highly recommend
      - Jenn W. (Facebook Review)
    • Without hesitation, he was able to provide a resolution for my ongoing problem in a congenial atmosphere.
      - A.C.V (Google Review)
    • They take the time to listen and are clear and compassionate in their responses.
      - Jordan S. (Avvo Review)

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      Why Choose Us?

      • Personalized Approach
        We understand that this is your story and it's different than everyone else's. Our approach is catered specifically to what you're currently going through.
      • Exceptional Customer Service
        We understand that what you're going through can be overwhelming at times. When you work with us you're not just a number, you're now part of our family. Your success is our success, we will guide you every step of the way.
      • Certified Family Law Specialist
        Our attorney has been certified by passing the appropriate written examination in Family Law, demonstrated a high level of experience in Family Law, fulfilled ongoing education requirements and has been favorably evaluated by other attorneys and judges familiar with his work.