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Relocation or Move Away Child Custody Issues in North County

On Behalf of | Apr 25, 2020 | Child Custody and Visitation

Relocation or move away child custody issues are quite legally serious.  What happens when one parent is transferred or wants to move away with the children after a divorce in Vista, Carlsbad, Encinitas or Carlsbad? Is your former spouse threatening to move away with the kids? Have you heard rumblings from friends or the children themselves? What action should you take?

The good news is California courts and our family law courts here in Carlsbad take a dim view of a parent who relocates children out of the area or out of state without the court’s advance permission.

The Certified Family Law Specialistts at Burke & Domercq have decades of experience in Carlsbad child custody cases and representing clients when a surprise move away occurs. If your ex-spouse takes the kids and moves out of the area you must take immediate action to protect your legal rights and our local court’s jurisdiction over the case itself. We will also ask the court to issue immediate orders for the return of the children.

Relocation or move away child custody issues create fast-moving legal issues.  It is possible for parent to take their children out of state and register in their new home for emergency jurisdiction. There are often false or over-stated accusations of domestic violence associated with these requests, and they must be aggressively defended. In most Carlsbad divorce cases, our local court retains “jurisdiction” over the case, including questions of child custody. Once jurisdiction is lost to a court in another state it is legally quite challenging and complex to successfully battle for the children’s return.

This is why it is important to contact us or call 760-389-3927 if your ex-spouse or the mother of your child has threatened to or actually moved away or relocated out of the area with your son or daughter. Taking children out of the area without the court’s permission will often backfire on the party who attempts to relocate. This action brings into question a parent’s judgment and ability to effectively parent and can lead to loss of child custody and reduced or limited supervised parenting time.