A recent child custody case here in California highlights relocation or move away child custody issues and the best interests of a child. Divorced parents in this case shared custody of two children. 3 Years after the divorce the father approached the Court saying the mother was prohibiting the children from participating in little league baseball and other after-school activities.…
Relocation
How to Manage Relocation with Existing Child Custody Orders
Are you wondering how to manage relocation with existing child custody orders in San Diego? Child custody and parenting time agreements are often sources of concern and legal issues following a divorce. Perhaps one of the most contentious post decree child custody and parenting time issues is a move-away or relocation case. What happens if existing orders have established shared…
Does Your Former Spouse and Co-Parent Want to Leave the San Diego Area?
Does your former spouse and co-parent want to leave the San Diego area? What happens when you are sharing joint custody and parenting time after a Carlsbad divorce and your former spouse needs or wants to move? How will relocation affect existing child custody and parenting time orders? The first thing you might need to know is almost all child…
The Elements of an Interstate Child Custody Case in San Diego
What are the elements of an interstate child custody case in San Diego? What happens when a parent sharing custody of a child or children with the other parent moves or wishes to move out of the area or out of the State of California? The basic elements of an interstate child custody case are venue, the status quo and…
The Importance of Legal Venue in a Move Away Child Custody Case in San Diego
A recent California Supreme Court case reflects the importance of legal venue in a move away child custody case. Relocation or move-way child custody cases occur when a parent is sharing custody and parenting time with another parent. If a parent has “sole legal and physical custody” they are generally free to make decisions regarding a potential move. However, if…
Relocation With Kids During a San Diego Divorce
What are the laws regarding relocation with kids during a San Diego divorce? Is it legal for one of the parents to take the children and move out of the area or out of state during a divorce? The specific circumstances of each case are unique and different. For the sake of the questions above let us assume that both…
Why Should an Unmarried Father File a Paternity Case in San Diego?
Why should an unmarried father file a paternity case in San Diego? You may have completed paperwork at the hospital and you may be listed on the birth certificate as the father of the child. You may even be paying child support for your baby. However, there is one important legal issue you must be aware of: You have no…
“The Unmarried Mother of Our baby Can Leave Town and I have No Legal Say in the Matter?”
We are often asked something to the effect of “The unmarried mother of our baby can leave town and I have no legal say in the matter?” It may surprise many San Diego residents to learn that more than half of the children born in the United States today come into a family with unmarried parents. The norms have changed, and…
Successful Strategies for Relocation with Kids After a Divorce
What are some of the ingredients of successful strategies for relocation with kids after a divorce? How will existing child custody and parenting plans affect your decision to relocate or protect your rights as a parent here in North County San Diego? These cases are often quite legally contentious and complex. One party may feel like there is an economic…
Stable Home Environments for Children During and After a Divorce
It is important for the Court to ensure stable home environments for children during and after a divorce. One potential challenge for divorced parents in California revolves around keeping rules between households consistent for children. There are many aspects of divorce such as property division and resolution of custody, parenting time and support which take time and energy. However, the…