Why Should You Take Immediate Legal Action if Your Ex Moves with the Kids?

Pierre Domercq Child Custody and Visitation

Why is it important for you to immediately contact Burke & Domercq if your former spouse moves away with your children? Child custody cases involving move aways and relocations have significantly increased n the past several years. How do you protect your parenting rights when your children have been moved out of the area or out of state without the Court’s permission?
The first concept to understand is “venue.” Legally, the “venue” of your child custody case relates to which Court will have control over the legal custody of your children. It is almost always in your best interests to ensure that our Court here in North County San Diego maintains control over the venue of your child custody case.
A parent who moves out of state may apply for “emergency venue” in many states, allowing the Court in their new state to assert “venue” and control over your child’s custody in a matter of weeks. Once another State has asserted venue the odds of success are greatly reduced.
The good news is our North County Divorce and Family Law Courts take a very dim view of a parent who takes children out of the area or moves out of state without the Court’s permission. The experienced child custody attorneys at Burke & Domercq can seek immediate orders for the return of your children and sanctions against the legal custody and parenting time of the offending parent.
If your former spouse has moved out of the area or out of state with your children without the permission of the Court take immediate action and contact us or call 760-712-3741 to schedule a prompt appointment with one of our attorneys.