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Relocating Away From San Diego with the Kids after Divorce

On Behalf of | Jun 24, 2020 | Child Custody and Visitation

Are you thinking of relocating away from San Diego with the kids after a divorce? Relocation when existing child custody orders are in place is a complex legal matter. This is why it is important to work with the Certified Family Law Specialists at Burke & Domercq who have decades of experience in relocation and move away cases in throughout San Diego.

One thing is certain – if you move away without the permission of the local family law court with jurisdiction over your case, you risk all of your custodial rights as a parent. Most judges who issue orders in San Diego divorce cases retain “jurisdiction” over the case going forward. This means our local court has control over the custody of your children, not you as an individual parent.

A parent who moves out of the area or out of California with children after a divorce who is any form of shared custody or parenting time agreement must first seek the written approval of the court and orders to allow them to do so.

The court takes a very dim view of those parents who take children and move away without advance permission from the court. In these cases the court will immediately order the return of the children and usually strip any existing custody rights from the parent who attempted the move.

However, there are genuine risks for those who are thinking of relocating away from San Diego with the kids after a divorce. It is possible in some states to attempt to ask a court in the new home town to take emergency jurisdiction of the case. This results in a complex, time consuming and expensive court battle.

If you are concerned about a former spouse moving out of the area with your children, or they have already attempted to do so you need to protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.

Protect your child custody and parenting time rights and your ability to spend time with and parent your children.