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
-
Exceptional customer service, knowledgeable and professional demeanor.- Shauna G. (Yelp Review)
-
Ben Embry is a smart attorney that cares about his clients, and sees to it they get High-Quality Legal Representation from start to finish.- Patrick (Avvo Review)
-
They take the time to listen and are clear and compassionate in their responses.- Jordan S. (Avvo 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)