Custody Battles If You Have to Leave San Diego
Moving can be difficult for kids. They have to make new friends and adjust to a different school. But moving might be the best thing to do for your family, especially if it offers better job opportunities, improved living conditions, or closer proximity to extended family members.
If you share custody and plan to move a long distance away or out of state, it’s best to begin discussing those changes with your former significant other. You should also provide them with a written notice at least 45 days in advance to give them the opportunity to make arrangements and respond to the move.
One thing you would never want to do is violate a custody agreement by taking kids out of state without first getting permission from the court. If the planned move violates your existing custody agreement, you must inform the court in advance and request a modification. In this situation, the spouse who is not moving may request a hearing to counteract the move.
Reasons for Moving Your Kids to a New Location
It’s always best to make moving decisions with your former mate to maintain a cordial relationship. The ideal situation would be for the both of you to sit down and work out an arrangement that’s best for everybody. However, if this isn’t possible, you will have to convince the court that the proposed move is in the child’s best interest.
A major concern for the court is providing a stable environment for children. To change a custody agreement, you must demonstrate that the current situation is harmful to your child. Judges realize that divorce can put a strain on your family, and they’re reluctant to do anything that may jeopardize your child’s well-being. That’s why it’s crucial to demonstrate that you’re not just moving to get a new residence or job – you’re doing it to provide better opportunities for your kids.
Reasons that can help convince the court to alter your custody agreement include:
- You can no longer afford to live in California.
- You don’t have a family support system here.
- The child will be going to a better school.
- Childcare will be available at the new location.
- The child will be living in a safer neighborhood.
Factors Courts Consider When Granting Permission to Move
There’s usually no problem when you want to move to a nearby location. Still, a parent with joint custody has the right to request to counteract a move requiring a change in the custody agreement, and a judge takes these requests seriously.
It’s a good idea to highlight efforts you are making to accommodate the other parent, such as creating opportunities for visitation and using technology, like co-parenting apps, to make it easier for both parents to participate in parenting decisions.
When it comes to custody matters, courts are more likely to consider the child’s wishes as they grow older. Depending on the child’s age and other factors, the judge may ask a counselor to speak with the child and report on their feelings about the proposed move.
During a relocation hearing, the court will consider several factors regarding how the move will impact the child, such as:
- How far away you’ll be moving
- How the move will affect the current custody agreement
- Living arrangements at the new location
- The child’s physical and emotional health
- Educational opportunities at the new location
- Each parent’s relationship with the child
- Family support is available at the new location
Do You Need Help With Your Custody Agreement?
If you require help with your current custody agreement or if your spouse is trying to alter it without your consent, it’s important to have the right San Diego child custody attorney fighting for your rights. Amelia J. Mattis helps San Diego families navigate the complexities of divorce and family law. Amelia has been recognized as one of San Diego’s Rising Stars by Super Lawyers and was selected as a Top 10 Family Law Attorney by Attorney and Practice Magazine.
If you have legal concerns or need guidance on custody matters, call Mattis Law, A.P.C. at (858) 413-9434 to schedule a free consultation today – Amelia knows how to use the law and San Diego courts to your advantage.