Custodial parent relocation in California

Custodial Parent Relocation in California

Pierre Domercq Child Custody and Visitation

Custodial parent relocation in California is actually quite legally complex.  When a parent with primary custody wants to move out of California, the nonresidential parent may not have an issue with the relocation.  However, if he or she does not agree to the move, certain provisions under state law may provide the opposing parent a legitimate, legal claim to prevent …

Venue is an Important California Child Custody Issue

Venue is an Important California Child Custody Issue

Pierre Domercq Child Custody and Visitation

A recent case highlights the importance of “venue” from a legal perspective in California child custody cases. Venue is an important California child custody issue and often applies to those in military service, as well as unmarried couples when one of the parents intends to move away or has left the state of California with a child or children. In …

International Custody Laws Complicated a Recent Orange County case

International Custody Laws Complicated a Recent Orange County case

Pierre Domercq Child Custody and Visitation

International custody laws complicated a recent Orange County case.  If you’ve ever been involved in a child custody battle then you know how difficult they can get at times.  Imagine the additional complications imposed by separation across thousands of miles of land and ocean as well as differing international child custody laws and you have yourself a situation primed for …

Can You Lose Child Custody if You Take the Children and Relocate Out of the Area without Advance Permission of the Court?

Pierre Domercq Child Custody and Visitation

Can you actually lose child custody if you take the children and relocate out of the area without the advance permission of the court? The short answer is: “It’s complicated, but yes.” In a typical North County divorce case the judge will issue final orders including child custody and parenting time and the court will retain jursidiction over the case …

How Do Judges Decide Relocation and Move Away Cases

Pierre Domercq Child Custody and Visitation

How do judges in North County decide relocation and move away child custody cases? While each case is unique and highly dependent upon the individual children and the facts of the case there are a few issues which must be consistently evaluated by the court in a relocation or move away child custody case. The most important issue in these …

Surprised by a Relocation of Your Children Without Your Consent?

Pierre Domercq Child Custody and Visitation

Have you been surprised by a relocation of your children without your consent after a divorce in North County? If so, you need to take immediate action to protect your custodial and parenting time rights and prevent the loss of “jurisdiction” by our local family law court. Move-away and relocation cases are all about “jurisdiction” or “venue.” When your divorce …

Successful Strategies for Relocation with Children After a Divorce

Pierre Domercq Child Custody and Visitation

What are some of the ingredients of successful strategies for relocation with children after a divorce? How will existing child custody and parenting plans affect your decision to relocate or protect your rights as a parent here in North County San Diego? These cases are often quite legally contentious and complex. One party may feel like there is an economic …

You Must Ask Permission of the Court to Relocate with Children After a North County Divorce

Pierre Domercq Child Custody and Visitation

You must ask permission of the court to relocate with children out of the area or out of the State of California after a North County Divorce. Once an Encinitas, Oceanside or Carlsbad divorce is completed, the judge will almost always retain jurisdiction over the case going forward. This applies to all child custody and parenting time issues including relocation …

What If I Have to Move After a Divorce? Can I take the Kids?

Pierre Domercq Child Custody and Visitation

The question of “What if I have to move after a divorce, can I take the kids?” is a complex legal subject and it is best to seek the advice of the experienced post-divorce child custody attorneys at Burke & Domercq. While each situation is unique, generally speaking the question of relocating with children after a divorce must be resolved …