Carlsbad & Ramona, CA Move-Away Lawyer

In the years that follow a divorce, the lives of you and your children will change. You will undoubtedly be faced with new circumstances, new needs, and new challenges. When these matters call for changes to your child custody arrangements as they have been set forth by the family court, the road ahead can be difficult. For example, relocating to a distant city or state with your children can be a very complicated matter that must be decided by the court based on the principle of what is in the child(ren)’s best interests.

If you wish to relocate with children you share with a co-parent or if you wish to contest such a move-away, you can turn to Erica Bloom Law. Our firm is dedicated to California family law and all of its issues and will do everything possible to give you the convincing voice you need before the court to support your case. Our attorney has been handling family matters for 10 years and understands the importance of this issue in child custody matters. 

Move-Aways in California

Move-away cases are among the most challenging and emotionally charged of all family law cases. The parent who wishes to relocate will commonly view it as a chance to make a new start while the other parent may vigorously oppose the move, seeing it as a reduction or loss of parental rights. 

Parents who wish to relocate may want to do so for very valid purposes, such as:

• Better employment 
• Remarriage
• Reuniting with extended family who will provide a better support system
• Taking advantage of an advanced education opportunity 

However, by relocating, the child custody arrangements between the two parents will be broken. Moving to another part of California or another state makes joint custody plans impossible to uphold due to the distances involved. Thus, a move-away essentially disrupts the stability of the parenting plan schedule to which children are accustomed. 

It is generally accepted that maintaining the routines of children is extremely important and major disruptions of this nature can be emotionally destabilizing, especially for younger children. Courts also prefer that children maintain frequent and continuing relationships with both parents after divorce; this is seen as being in the best interests of a child’s development and well-being.

Thus, the problem of relocation becomes a major one. If you are seeking such a move, you will need to plan by carefully preparing your case, and have solid evidence backing up your assertion that the move will benefit more than harm the child. 

Move-aways in California are governed by California Family code 7501 which states that “a parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” You cannot change your child’s residence without an agreement with the other parent or court approval. 

Each move-away case is decided individually, taking into account the facts and circumstances of the case. If you wish to seek such a move or, as the other parent, if you wish to prevent such a move, you will need competent legal representation. We strongly urge you to discuss the specifics of your case with our attorney for a candid assessment of the situation and how best to move forward. 

Request a confidential consultation with our Carlsbad and Ramona, CA move-away attorney by contacting Erica Bloom Law at (760) 259-2184.