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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.

Call (619) 485-6476 for a free 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.

The Embry Family Law P.C. Team

  • Ben E. Embry Photo
    Ben E. Embry

    Founding Attorney

    Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...
  • Marie  Manalo Photo
    Marie Manalo

    Intake Specialist

    For Marie, the best thing about working at Embry Family Law P.C. is that every day goes by so fast and no two days are ever the same. She loves being able to provide support to the amazing attorneys and colleagues she works with every day. She values and enjoys learning and growing from each person with whom she comes into contact. When she isn’t working, Marie likes to read and journal. She is also a fan of strength-training and dancing, as well as scary movies and good documentaries. You can ...
  • Nicholas  Montano Photo
    Nicholas Montano

    Legal Assistant

    Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...
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  • 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.

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