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Stockton Family Law Attorneys Assist Parents with Move-Away Cases

Complex child custody issues related to in-state and out-of-state relocation

At San Joaquin Family Law, we understand how much your children matter to you. We know how important it is for you to provide them with every advantage and to maintain meaningful parenting time with them. Unfortunately, no matter how delicately you balance competing interests — yours, your ex-spouse’s and your children’s — challenges arise, forcing you to make difficult choices. The prospect of one parent relocating with the children, out of state or at a great distance within California, presents enormous challenges. It’s an area of family law where you can really tell the difference between a law firm that’s willing to fight for you and one that practices law “the way it’s always done.” At San Joaquin Family Law, we’re ready to be your advocate and to deliver capable legal representation along with the emotional support you need to get through this trying time.

Understanding CA child custody law in move-away cases

Under California family law, a parent with sole physical custody has a presumptive right to change the child’s residence. But that right is not absolute; the court can restrain the move if it would be detrimental to the child. The court looks at many factors to determine if the move is in the child’s best interest, including:

  • The importance of stability and continuity
  • The distance of the planned move
  • The child’s age
  • The child’s relationship with both parents
  • The parents’ relationship, their ability to communicate and cooperate effectively, and their willingness to put the child’s interests above their own interests
  • The child’s wishes (if the child is sufficiently mature)
  • The reasons for the proposed move
  • The degree to which the parents currently share child custody 

In fact, when a parent proposes an out-of-area relocation, the court is not bound by the custody arrangement in the divorce order. The court cannot prevent a parent from moving, but may transfer child custody to the other parent to keep the children in the area. It is often possible to work out a timeshare arrangement in which children spend the school year with one parent and summers and certain holidays with the other. At San Joaquin Family Law, we fight for a result that upholds your parental rights and your child’s best interests.

Our child custody attorneys will fight relocation battles in Stockton and Manteca

A proposed move out of the area can mean relitigating your child custody dispute. Our family law attorneys pursue cost-effective negotiated solutions, but we fight when it’s necessary to uphold your rights. To schedule a free initial consultation, call San Joaquin Family Law at 209.478.2700 or contact our office online.

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