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What Does it Take to Win a Move Away Child Custody Case in San Diego

On Behalf of | Mar 20, 2022 | Child Custody and Visitation

What does it take to win a move away child custody case in San Diego?  It doesn’t matter if you are the parent seeking to move with the children or the San Diego parent who wishes the children to remain, move away child custody cases are by their very nature often quite contentious.  Often, the parties find themselves in a bitter dispute as one wishes to move to start fresh or be closer to family and the other strongly wishes to have the child(ren) stay in San Diego.

The Certified Family Law Specialists at Burke & Domercq have decades of experience in these cases.  The guiding principle of California Family Law is “the best interests of the child(ren).”  Any move is disruptive for a child.  Leaving the existing home, school, friends and activities behind to move out of the area is challenging for any child.  Moving away from one of their parents makes it potentially even harder.  However, there are many cases where a move can be in the best interests of a child.  What are some examples of this and what does it take to win a move away child custody case in San Diego?

If the move will provide the child(ren) with better education, health, the support of close family and friends a case could be made that the move is absolutely in the best interests of the child(ren).  While there are exceptions, generally a parent with sole custody is presumed to be able to relocate with children as long as they give proper legal notice to the other parent.  When the parent with sole custody of the child(ren) wishes to move the burden of proof shifts to the parent who would remain here in San Diego to show why it is detrimental and not in the best interests of the child(ren).

The parent requesting a move should be cautioned that the Court may not presume that party will remain in San Diego instead of moving.  This can have an impact on existing child custody and visitation orders.  The Court may decide to make changes in existing custody orders after denying the request to move with the children which could even include loss of custody rights.

This is why it is important to seek the advice and counsel of the experienced Certified Family Law Specialists at Burke & Domercq.  We know what it takes to win a move away child custody case in San Diego and how to defend our client’s parental rights if the other parent wishes to seek a move.

We invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.