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.
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.
"I am forever grateful to them and definitely will be recommending Embry Family Law to ALL my family and friends."This review is long overdue, I want to thank Nick, Kaylin, and Ben for taking on my difficult case and representing me. I had consulted with others who only planted fear and made me lose hope. Thanks to a fellow coworker who recommended them to me, I won my case and had the best representation! I am forever grateful to them and definitely will be recommending Embry Family Law to ALL my family and friends.- Ileana S. (Google Review)
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"I would recommend Embry Family Law to anyone!"Working with Ben Embry was great. He's very professional, responsive, and was always available to answer any questions I had. His team is also amazing and made me feel comfortable throughout the entire process. I would recommend Embry Family Law to anyone!- Alyssa D. (Google Review)