Move-Away Cases in San Diego
Dedicated Family Law Attorneys Fighting for You
We understand that after a divorce or separation, one or both parents might wish to move away because they cannot afford to live in the same city any longer, they want to be closer to relatives, they would like to pursue a new job opportunity, or another reason. Whether you want to move away or the other parent of your child wants to move away, obtain legal guidance right away.
Move-away cases are complicated and nuanced and can significantly affect your life with your children. When a parent who has sole or joint custody wants to move away, impacting the existing custody or visitation agreement, difficult decisions must be made about where the children will live and how the other parent will see them. Allow our San Diego family lawyers to help you through this delicate situation. We are here to fight for you, and we want to help you achieve what is best for you and your children.
For an experienced family law attorney in San Diego, contact the Law Office of George Gedulin today at (858) 281-4605.
What to Expect in a Move-Away Case
Move-away cases begin when the parent who is moving submits a request to move, either with or without their child, or when one parent requests that their custody agreement be modified so as to adjust for any impending move. A court will typically require that the parents attempt to mediate the problem before the judge steps in. If mediation does not result in an agreement, the judge will decide whether or not to modify your custody agreement. You will want an experienced lawyer on your side to walk you through this sensitive process.
Things Your Judge Will Take into Consideration
In many cases, the moving parent would like for their child to move with them. If the parent looking to move away has sole physical custody of their child, a judge will often side with them, unless the other parent can prove that the move would be harmful to their child. If the parent who is moving can prove that it is in the best interest of the child to move, the judge will usually approve the move. The judge will favor whatever action they deem is best for the well-being of the child.
In addition to custody agreements, the judge will examine factors including:
- The distance of the move
- The reason for the move
- The age of the child
- The relationship of the child with both parents
- The condition of the relationship between the parents
- The desires of the child or children
- The arguments made by both parents regarding the move
Parents Living in Different States
If both parents live in different states and are fighting for custody, things can become quite tricky. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that determines when a court is allowed to make a custody decision and when a court must accept a custody decision made by another state. These custody cases are extremely complicated, and you will absolutely need a lawyer on your side to defend you and guide you through the process. Custody decisions may only be made in one state. The court will take into consideration which is the child’s home state, in what state the child has significant ties, or whether or not the child has been abandoned or abused by a parent.
Compassionate & Aggressive Advocacy
To navigate a difficult move-away case, you need an experienced attorney on your side. At the Law Office of George Gedulin, our San Diego attorneys focus exclusively on family law and care deeply about achieving justice for families. We understand the importance of sensitivity and discretion during these difficult times and are here to guide you every step of the way. Your attorney will work one-on-one with you through your entire case and will be available around the clock to address any concerns.Contact our attorneys at (858) 281-4605 right away for help fighting your move-away case. At the Law Office of George Gedulin, we work aggressively and tirelessly to protect our clients.