What are the elements of an interstate child custody case in San Diego? What happens when a parent sharing custody of a child or children with the other parent moves or wishes to move out of the area or out of the State of California? The basic elements of an interstate child custody case are venue, the status quo and …
Factors Which Justify Child Custody or Parenting Time Modification in San Diego
What are the factors which justify child custody or parenting time modification in San Diego? What must happen in order to request a change in these orders during or after your divorce? The existing temporary or permanent child custody and parenting orders reflect the Court’s perspective of “the best interests of the child(ren).” While these orders are not locked in …
The Importance of Legal Venue in a Move Away Child Custody Case in San Diego
A recent California Supreme Court case reflects the importance of legal venue in a move away child custody case. Relocation or move-way child custody cases occur when a parent is sharing custody and parenting time with another parent. If a parent has “sole legal and physical custody” they are generally free to make decisions regarding a potential move. However, if …
What Will Happen to Child Custody and Parenting Time When a Parent Moves Away from San Diego
What will happen to child custody and parenting time when a parent moves away from San Diego? How is child custody determined when the co-parents will reside in different states? This may happen during the course of the divorce itself or in the months and years which follow. What do you need to know to protect your interests? Generally speaking, …
Can Relocation with Children without Advance Permission of the Court Affect Existing Child Custody Orders?
Can relocation with children without advance permission of the court affect existing child custody orders after a divorce? Is it possible to 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 Carlsbad divorce case the judge will …
Successful Strategies for Relocation with Kids After a Divorce
What are some of the ingredients of successful strategies for relocation with kids 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 …
Moving Away or Relocating with Kids After the Divorce
Are you or is your former spouse thinking about moving away or relocating out-of-state with the kids after the divorce in Carlsbad? Do you share child custody and parenting time? Are you concerned about what will happen and if the Courts will allow the move? The first thing to know is that our family law courts in North County take …
Move Away and Relocation Child Custody Cases in Carlsbad
What happens in move away and relocation child custody cases in Carlsbad 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 move out of the area or out-of-state with the kids and the local parent is against the move? The primary issue in these …
Relocating Away From San Diego with the Kids after Divorce
Are you thinking of relocating away from San Diego with the kids after a divorce? Relocation when existing child custody orders are in place is a complex legal matter. This is why it is important to work with the Certified Family Law Specialists at Burke & Domercq who have decades of experience in relocation and move away cases in throughout …