Move Away and Relocation Child Custody Cases

Pierre Domercq Child Custody and Visitation

What happens when one of the parents of a child or children wishes to move out-of-state after a divorce? It might be right away, or it might be months or years later. What happens in cases when one parent wishes to leave with the kids, and the local parent is against the move?
The primary issue in these cases is “venue” – the location of the Court with jurisdiction. If the other parent is only talking about it and hasn’t made the move our local Court should still have jurisdiction over the case. If you discover the other parent intends to move or has already moved out of the area, or out-of-state you need to take immediate legal action and call us at 760-712-3471.
California Courts are quite upset when a parent takes children and moves away from the area or relocates out-of-state without the Court’s permission. We must immediately step in and seek orders for the prompt return of the children. This and prevent the other parent from seeking venue in an out-of-state court.
Unfortunately, the claim is usually one of “abuse” or “neglect” and the move away parent asks their local court to take emergency jurisdiction to “protect the children.” This may only take a few weeks, depending upon the specific state in question.
You must stand up for your rights and have Burke & Domercq immediately petition the court for the return of your child(ren). We work to preserve “venue” and protect your rights. The “good” news is the Court will most often issue sanctions against a parent who moves away or relocates without the Court’s advance written authorization to do so. This can affect child custody, parenting time and support orders.
If you are a local parent in Carlsbad, Oceanside, Encinitas or North County and are concerned about your children being taken out of the area or across state lines contact us or call 760-712-3741. It is imperative to take immediate action to preserve and protect your rights.