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Does Your Former Spouse and Co-Parent Want to Leave the San Diego Area?

On Behalf of | Mar 20, 2021 | Child Custody and Visitation

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 custody and parenting time orders require the Court’s written consent to make any change.  You cannot simply take the child(ren) and move out of the area.  San Diego Family Courts take a dim view of parents who move away with children without orders from the Court.  This can not only jeopardize your existing parenting rights, it can affect your right to have any child custody or unsupervised parenting time in the future.

What should you do if your former spouse and co-parent want to leave the San Diego area?  You should seek immediate legal advice and counsel from the experienced and proven Certified Family Law Specialists at Burke & Domercq.  This is especially critical if the move has already occurred.

If both co-parents agree to the move you will simply need to amend existing child custody and parenting time orders and submit them to the Court for approval prior to the move.

If one of the co-parents disagrees the matter must be presented to the Court.  There are many factors the Judge in your case will consider, including but not limited to:

  • The presence of additional support of family and/or friends in the new location
  • The financial impact on the ability to support the child
  • The quality of life, education and health the child(ren) will receive from the proposed relocation
  • The disruption of important relationships in a child’s life
  • The distances involved and the ability of the non-resident parent to maintain a strong relationship and have quality time with their child

The best interests of a child are always the guiding principle in any custody or parenting time related case.

Mediation may provide a timely and cost-effective alternative to a contested court proceeding.

Does your former spouse and co-parent want to leave the San Diego area? 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.