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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

  • "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)
  • Ben is a pleasure to work with. He is a straight shooter and goes above and beyond what most family attorneys offer these days.
    - Matthew B. (Google Review)
  • "I will definitely be returning in the future if I ever come across another situation that will require great representation."
    I stumbled across this firm when searching for a good and honest family lawyer in the San Diego area. I proceeded to call and had the pleasure of speaking with Nicholas. He is THE main reason why I agreed to pay $250 for my initial 1 hr. zoom interview with Ben. To be quite honest, I didn’t really care for any of the staff in this firm other than Nicholas. He is extremely personable and friendly and made me feel at ease during this nerve-wracking process. He took the time to talk to me on the phone for almost an hour and walked me through the process which allowed me to see the light at the end of the tunnel. I truly appreciate all of your help Nick! Although I didn’t really care for the staff in this firm, I do have to give this firm a 5 star for being an honest and professional law firm. This is hard to come by. They didn’t hesitate in returning any unused funds and because of this, I have referred many of my friends and patients. I will definitely be returning in the future if I ever come across another situation that will require great representation. Thank you again for all your help!
    - Daniela (Google Review)
  • They were great at helping us understand family law and answered all questions that I had.
    - Sean (Avvo Review)

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