Child Custody Relocation Cases in Oceanside and Carlsbad

Pierre Domercq Child Custody and Visitation

There has been a significant increase in child custody relocation cases in Oceanside and Carlsbad over the past few years. This is often due to an increase in social media and internet dating sites, as well as the ease with which one can make contact with past acquaintances via the web.
The central question is these cases is:
Can my former spouse take the children and move out of the area or out of State?
Most area child custody and parenting plans allocate physical custody 50% and 50% between the parents of a child in the absence of extraordinary factors such as criminal activity, domestic violence, or addiction. When custody is split between the parents neither is able to make the decision to take children and leave the area or the State of California without the Court’s permission to do so.
However, if one parent elects to take the children anyway it is up to the remaining local parent to take immediate legal action to preserve “venue” over the case. Once the relocating parent reaches their new home, a type of legal clock starts known as “venue.” Which Court will have jurisdiction over the case? This is legally known as “venue.”
Many states allow a parent to quickly establish residency and file emergency orders with the Court. These claims often include allegations of abuse, and the new State is requested to step in an take over venue in the case since the children are now located in that Court’s jurisdiction.
Legally this is quite important. Once an out of State court establishes venue a potentially expensive and time consuming legal battle may unfold. The local California parent must take immediate action to protect their rights. If you hear rumors that the other parent is considering a move, or if you learn that a move is in progress you should contact our offices immediately or call 760-712-3741.
We can put a stop to the process, retain California venue and seek an order for the immediate return of the children. Our local Courts take a dim view of a parent who takes the children out of the area or out of State without the Court’s permission.
The key to child custody relocation cases in Oceanside and Carlsbad and all of North County San Diego is to take immediate action.