Vista Move-Away Lawyer

Move-Away Attorney in Vista, CA

In the years following your divorce, many things will change; one of the most difficult of these can be relocation. If you have a child custody agreement or visitation arrangement in place, moving away can place a lot of stress on your family and child. A Vista move-away lawyer can explain the potential outcomes and court requirements for your relocation.

Whether you wish to relocate with your children or want to contest such a relocation, our attorney at Erica Bloom Law can help. For over 10 years, we have represented our clients in many family law cases. Our firm can navigate these difficult family situations while advocating for you and your child’s best interests. We understand that every family is unique; we can review your relocation case, examine your family dynamics, and assess if this move is right for your child.

Relocation in California

With over 35,000 families in Vista, California, with 50% of households having minor children, laws regarding relocation impact many divorced families in the area. California courts always prioritize the best interests of children and prefer the involvement of both parents when possible.

A move-away case occurs when two parents have a disagreement about what will happen to their children when one of the parents wants to relocate. In some cases, one parent will try to assert themselves, believing they are entitled to their time with their children. Ultimately, the court will assess your family’s unique circumstances and rule in favor of your child’s best interest. The court will consider the:

• Parent who had primary custody before the relocation request
• Reason for the move and whether it is in good faith (i.e., new job opportunity)
• Distance of the requested move and the geographic barriers it will cause
• Child’s age and bond with their parents
• Parents’ historical relationship and ability to co-parent
• Child’s preference and feelings about the move (depending on the age of the child)

Each move-away case will be reviewed individually, with all factors taken into account. If you are considering moving away or contesting a move-away, contact our attorney for an assessment of your family’s situation. We can work to find the ideal path forward.

The Move-Away Process

Following California Family Code Section 7501, the parent given custody of a child has the right to change the residence of the child, but that is also subject to the power of the court. The move-away process with children involved requires a new custody or visitation agreement, which can be created by the parents or ordered by a judge.

If you are looking to move away, Erica Bloom Law can help you with the process. California law requires you to give at least 45 days’ written notice to the other parent of your plan to move. This letter can come directly from you, or we can draft the letter for you and send it. We can then file a formal petition, or Request for Order, with the San Diego County Superior Court at the North County Regional Center, outlining the proposed move and how it will benefit your child.

We can also work with you to find a parenting plan that allows both you and the other parent meaningful time with your children. Then, we can propose it to the court. It is essential to contact our office right away if you are considering a move.

If you are opposed to the move, our office can also argue that the move would be detrimental to your child. Our team can explain your rights under the state’s move-away laws, and we know how to assert them on your behalf in court. We can emphasize the strength and frequency of your relationship with your child and the stability you offer them.

FAQs About Move-Away in Vista, CA

How Does a Move-Away Order Work in Vista?

A move-away order is made when a parent asks permission to move with their child a significant distance away from a co-parent. These orders require court approval and may cause changes in existing custody orders. The court will take many factors into account. Judges will work to resolve each move-away case in the child’s best interests.

What Happens When a Non-Custodial Parent Moves Away in Vista?

If the non-custodial parent moves away in Vista, the custody/visitation order may need to be modified to work with the new geographical challenges. If the non-custodial parent moves a great distance to another city or town, it may be more challenging to see your child as often due to barriers such as school schedules, work schedules, and the ability to travel. A modification may include less frequent or longer visits with your child.

Can the Co-Parent of My Child Stop Me From Moving Away?

Yes, the co-parent of your child can legally challenge your move if it is a significant distance away and impacts their parenting time with your child. The court will rule in favor of the child’s best interests. It will take into account how the move may harm your child’s relationship with the non-custodial parent, along with the stress it may cause the child to uproot them from their community, school, and familiar surroundings.

What Is the Move-Away Law in Vista?

California’s move-away law is not a single written law but rather a set of laws governing when a parent can relocate with a child, requiring court approval if the other parent objects. California’s move-away laws establish it as a permission state, meaning that a primary parent is allowed to move away as long as the non-custodial parent does not object and the move is not detrimental to the child.

Hire a Move-Away Lawyer

With over 10 years of experience in representing Vista clients, our Vista move-away attorney at Erica Bloom Law can advocate for your family during this difficult time. Whether you are the primary parent seeking to move or are objecting to the relocation, our attorney can review your family’s unique dynamics. Then, we can prepare an argument that reflects your interests and what is right for your child. Contact us today to schedule a consultation.